JANVI YADAV AND ANOTHER v. STATE OF U.P. THRU. SECY. HOME LKO. AND 3 OTHERS
CRLP/6641/2025 · 2025-07-28
Brij Raj Singh, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 153356 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 153356 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:43356-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6641 of 2025 Petitioner :- Janvi Yadav And Another Respondent :- State Of U.P. Thru. Secy. Home Lko. And 3 Others Counsel for Petitioner :- Swati Singh Rajawat,Aadarsh Mishra,Purnima Singh 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 on behalf of the State/Respondents and perused the record. 2. This petition has been filed by the petitioners with following main prayers:-
"I. Declarethat the petitioners' right to choose their spouse is protected under Articles 14, 19(1)(a), and 21 of the Constitution and they are legally entitled to live their life together; II. Issue a writ, order or direction in the nature of mandamus commanding the opposite parties not to arrest the petitioners on any coercive FIR lodged by respondent no. 4 without prior leave of this Court; III. Issue a writ, order or direction in the nature of Mandamus commanding the opposite parties to not create any hindrance in the matrimonial life of the petitioners."
3. It has been submitted by the learned counsel for the petitioners that both the petitioners are major and age proof that is the high school marksheet of the petitioners have been filed as Annexure Nos.1 & 2 to the petition. They have got married and a copy of the marriage certificate has been filed as Annexure no.4 to the petition. They are being threatened by their family members and therefore, they have approached this Court praying for a Mandamus to be issued to the opposite
parties not to harass the petitioners. 4. Learned A.G.A. on the basis of oral instructions, states that there is no application filed by the petitioners in the police station concerned for protection. There is no F.I.R. lodged by any person against the petitioners. There is no attempt to harass the petitioners in any manner. 5.
This writ petition is disposed of with a direction to the petitioners that in case they have threatened by their family members they may file an application under Section 154(1) or Section 154 (3) of the Cr.P.C. [Now Section 173 of the BNSS] before the Police Station/Superintendent of Police concerned, or to move an application under Section 156 (3) of the Cr.P.C. [Now Section 175 of the BNSS] before the concerned Magistrate and even filed a compliant case under Section 200 of the Cr.P.C. [Now 223 of the BNSS] before the Authorities concerned. . (Brij Raj Singh,J.) (Sangeeta Chandra,J.) Order Date :- 28.7.2025 Anupam S/- Digitally signed by :- ANUPAM SINGH PATEL High Court of Judicature at Allahabad, Lucknow Bench