Neutral Citation No. - 2025:AHC-LKO:47712-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 7246 of 2025 Petitioner :- Khushbu And Another Respondent :- State Of U.P. Thru. Prin. Secy. (Home) U.P. Lko. And 3 Others Counsel for Petitioner :- Narendra Kumar Kashyap Counsel for Respondent :- G.A.,Neelam Mishra Hon'ble Rajesh Singh Chauhan,J. Hon'ble Syed Qamar Hasan Rizvi,J. 1. Heard Sri Narendra Kumar Kashyap, learned counsel for the petitioners and Sri Ran Vijay Singh, learned Additional Government Advocate for the State-respondents as well as Ms. Neelam Mishra, advocate, who has filed her Vakalatnama on behalf of the respondent No. 4/ complainant, which is taken on record. 2. This writ petition has been filed seeking the following relief(s): "(i) issue a writ, order or direction in the nature of certiorari quashing the impugned First Information Report so far as it relates with the present petitioner no. 2 vide FIR No. 98/2025 registered on 03.06.2025 at Police Station Baba Bazar, District Ayodhya, under Section 137(2), 87 of BNS contained as Annexure No. 1 in the interest of justice. (ii) issue a writ, order or direction in the nature of mandamus commanding and directing to the opposite party no. 2 and 3 to not harass the petitioner no. 2 and family members of petitioner no. 2 in compliance of impugned FIR No. 98/2025 registered on 03.06.2025 at Police Station Baba Bazar, District Ayodhya, under Section 137(2), 87 of BNS contained as Annexure No. 1 in the interest of justice. (iii) Issue a writ, order or direction in the nature of mandamus commanding and directing to the opposite party no. 2 and 3 to ensure the security of life and liberty of the petitioners." 3. Learned counsel for the petitioner has stated that the petitioner No. 2 is innocent and has been falsely implicated in the present case as he has not committed any offence as alleged. Attention has been drawn towards the impugned FIR wherein the allegation has been levelled that the petitioner No. 2 has eloped the daughter of the complainant namely Ms. Khushbu i.e. petitioner No.1 and her location is not traceable till date. 4. At this stage, learned A.G.A. on the basis of instruction, has informed that whereabouts of the petitioner no. 1 are not traceable as she could not be recovered as yet. 5. Learned counsel for the petitioners has stated that both the petitioners being major person have got married each other on their free will and consent on 23.07.2025 in Arya Samaj, Shivpuri Kamta, Chinhat, Lucknow. The marriage certificate to that effect has been annexed as Annexure No. 2 to this writ petition. 6. So as to apprise the age, both the petitioners have enclosed their Aadhar Card. Though the law is clear on the point that on the basis of Aadhar Card, the age of the persons may not be determined but the learned counsel for the petitioners has stated that after getting marriage, both the petitioners have been living together as husband and wife. 7. Learned counsel for the petitioners has relied upon the dictum of the Hon'ble Supreme Court rendered in the case of Lata Singh Vs. State of U.P. and Another, reported in 2006 (5) SCC 475, wherein the Hon'ble Supreme 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." 8. The learned counsel for the petitioners has also pleaded for protection to the petitioners under Article 21 of the Constitution of India which guarantees liberty to lead life with dignity. Therefore, he has requested that this writ petition may be disposed of with the direction to the respondents not to interfere in peaceful life and liberty of the petitioners in any manner. 9. Learned counsel for the complainant as well as the learned A.G.A. has vehemently opposed the aforesaid contention of the learned counsel for the petitioners by submitting that on the basis of allegation, the FIR has already been lodged against the petitioner no. 2, therefore, he may be directed to participate in the investigation proceedings and produce the petitioner no. 1 before the police. 10. Having considered the submissions of the learned counsel for the parties, without entering into the merits of the case, we hereby dispose of this petition finally at the admission stage for the reason that there is no fruitful purpose to keep the present writ petition pending any longer. 11. In the light of the dictum of the Hon'ble Supreme Court in Lata Singh (supra), it is observed that if two married persons after attaining the marriageable age get married and want to live together peacefully, no one can create any hindrance in their peaceful marital life. 12. Since the investigation is going on in this matter, therefore, the petitioner No. 1 namely Ms. Khushbu and petitioner No. 2 namely Ajay Kumar @ Ajay Prajapati, are directed to appear before the Investigating Officer of the concerned police station on 20.08.2025 at 11.00 a.m. sharp to co-operate in the investigation and to get their statements recorded, so as to ascertain the age of the petitioners, the Investigating Officer may ask relevant documents from the parties. If any document is available with the opposite party no. 4, the same may be produced by the opposite party no. 4 before the Investigating Officer. It is directed that the Investigating Officer concerned shall immediately record their statements and the petitioners shall not be held up unnecessarily at the police station. After getting their statements recorded, they may leave the police station immediately. 13. It is also made clear that if the petitioners do not co-operate in the investigation, the protection granted by this Court may be withdrawn on an appropriate application filed by the State or the complainant. 14. Before parting with, it is reiterated that in the light of the dictum of the Hon'ble Supreme Court in Lata Singh (supra), the petitioners shall not be unnecessarily harassed by the police pursuant to the impugned FIR. (Syed Qamar Hasan Rizvi, J.) (Rajesh Singh Chauhan, J.) Order Date :- 14.8.2025 Arun Digitally signed by :- ARUN KUMAR High Court of Judicature at Allahabad, Lucknow Bench