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2025 DAILYLAW 155565 (ALL)

KHUSHI SINGH AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. HOME GOVT. OF U.P. LKO. AND 3 OTHERS

/6989/2025 · 2025-08-06

Rajesh Singh Chauhan, S Q H Rizvi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:45699-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6989 of 2025 Petitioner :- Khushi Singh And Another Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Home Govt. Of U.P. Lko. And 3 Others Counsel for Petitioner :- Alok Kumar Tripathi Counsel for Respondent :- G.A. Hon'ble Rajesh Singh Chauhan,J. Hon'ble Syed Qamar Hasan Rizvi,J. 1. Heard Sri Alok Kumar Tripathi, learned counsel for the petitioners and Sri G.D. Bhatt, learned AGA for the State- opposite parties. 2. In view of the order proposed to be passed, notice to opposite party no. 4 is dispensed with. 3. This writ petition has been filed seeking a writ of certiorari quashing the impugned F.I.R. dated 15.7.2025 bearing F.I.R. No. 155 of 2025 u/s 87 BNS, P.S. Jethwara, District Pratapgarh. 4. The learned counsel for the petitioners has submitted that the petitioners are major and have married each other on their own volition on 28.7.2025 in Arya Samaj Shivpuri Kamta, Chinhat, Lucknow as marriage certificate has been enclosed as Annexure No. 2 with this petition. A copy of Certificate-cum-Marksheet of High School Examination-2022 has been enclosed with this petition to substantiate that petitioner no.1 is major as her date of birth is 1.1.2006. The date of birth of the petitioner no. 2 is 11.8.2003 as mentioned in the Adhar Card. It is contended that opposite party no. 4 is not happy with the marriage and as such he is creating hindrance in the peaceful married life of the petitioners. 5. In Lata Singh Vs. State of U.P. and another, 2006 (5) SCC 475, the Apex Court in para-17 has observed as under:- "17. .... This is a free and democratic country, and once a person becomes a major he or she can marry whosoever he/she likes. If the parents of the boy or girl do not approve of such inter-caste or inter-religious marriage the maximum they can do is that they can cut-off social relations with the son or the daughter, but they cannot give threats or commit or instigate acts of violence and cannot harass the person who undergoes such inter- caste or inter-religious marriage. We, therefore, direct that the administration/police authorities throughout the country will see to it that if any boy or girl who is a major undergoes inter-caste or inter-religious marriage with a woman or man who is a major, the couple is not harassed by anyone nor subjected to threats or acts of violence, and anyone who gives such threats or harasses or commits acts of violence either himself or at his instigation, is taken to task by instituting criminal proceedings by the police against such persons and further stern action is taken against such persons as provided by law." 6. The petitioners have also pleaded for protection under Article 21 of the Constitution of India which guarantees liberty to lead life of their own with dignity. 7. Therefore, this writ petition is disposed of with the direction to the opposite parties not to interfere in peaceful life and liberty of the petitioners in any manner. 8. The petitioners shall get their marriage registered under the "Uttar Pradesh Marriages Registration Rules, 2017" within two months from today, failing which this order will automatically come to an end. 9. The Registrar of Marriages concerned is directed to process and issue the registration certificate to the petitioners as per law at the earliest. 10. However, It is directed that the petitioners shall appear before the Investigating Officer of the concerned police station on 14.08.2025 at 11.00 a.m. sharp for the purpose to cooperate in the investigation. Thereafter, they shall continue to cooperate in the investigation till its completion, failing which, the protection of this order would be withdrawn on the application being moved by the prosecution or the complainant. . [Syed Qamar Hasan Rizvi,J. ] [Rajesh Singh Chauhan, J.] Order Date :- 6.8.2025 Om Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench