Neutral Citation No. - 2025:AHC-LKO:41706-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6254 of 2025 Petitioner :- Smt. Usha And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Petitioner :- Firoz Ahmad Khan Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. 1. Heard learned counsel for the petitioners as well as learned A.G.A., who appears for the State-respondents and perused the record. 2. This writ petition has been filed by the petitioners with following main prayers: "(i) Issue a writ, order or direction in the nature of Mandamus commanding the Opposite Parties not to disturb and interfere in the peaceful personal life and liberty of the petitioners. And further not to harass them in any manner by making nocturnal visit at their house, in the interest of justice. (ii) Issue a writ, order or direction in the nature of Mandamus directing the Opposite Parties/police authorities to take appropriate action into the matter against the opposite party No. 3 & 4 in accordance with law and protect the life and liberty of the petitioners." 3. It has been submitted by learned counsel for the petitioners that petitioner no.1 solemnized marriage with Sammelan, who has been arrayed as opposite party no.4 in this writ petition and because of matrimonial dispute, a gram panchayat meeting was called and in the said meeting, she agreed to divorce her husband Sammelan and to take her younger child namely Bheem with her. A copy of the alleged written agreement entered into petitioner no.1 - Smt. Usha and opposite party no.4 - Sammelan in presence of gram panchayat members on 13.03.2025 has been brought on record as Annexure No.1 to the writ petition, which has been countersigned by Shri Ram Milan, Pradhan, Gram Panchayat Medhi Sulempur, Block Baskhari, Ambedkar Nagar. 4. It has also been submitted that since petitioner no.1, who is the mother of petitioner no.2, does not wish to continue to live with her husband and divorce agreement has been signed in presence of gram panchayat members, she has taken away her younger child, but now opposite party no.4 is trying to take away petitioner no.2 (younger child of petitioner no.1). He in collusion with the police has started unnecessarily harassing the petitioners. Petitioner no.1 has moved a complaint to the Superintendent of Police, Ambedkar Nagar, a copy of which has been brought on record as Annexure No.4 to the writ petition. 5. Learned A.G.A. has produced before this Court instructions sent by Shri Sanjay Singh, Sub Inspector, Police Station Hanswar, Ambedkar Nagar, wherein it has been stated that after the application was received by the Superintendent of Police, he directed the Station House Officer and the Incharge Inspector of the Police Station Hanswar to look into the matter. Petitioner No.1 has produced the same document, which has been annexed as Annexure No.1 to the writ petition, before the Station House Officer of the Police Station saying that a separation has taken place on the basis of mutual agreement between the husband and wife and the husband has taken away elder son and wife has taken away younger son. The Police having verified the documents, which has been filed as Annexure No.1 to the writ petition, have let petitioner no.1 continue to live with her second husband Jitendra Singh s/o Munni Lal, there is no police action proposed till such time that an F.I.R. is lodged in the matter. The instructions are taken on record. 6. The writ petition stands disposed of accordingly. . (Brij Raj Singh,J.) (Sangeeta Chandra,J.) Order Date :- 22.7.2025 Anupam S/- Digitally signed by :- ANUPAM SINGH PATEL High Court of Judicature at Allahabad, Lucknow Bench