HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 7524 of 2025 Court No. - 9 HON'BLE RAJESH SINGH CHAUHAN, J. HON'BLE SYED QAMAR HASAN RIZVI, J. 1. Heard learned counsel for the petitioners, learned AGA for the State- opposite parties no.1 & 2 and Sri Manoj Kumar Dwivedi, who has filed Vakalatnama on behalf of opposite party no.3. Said Vakalatnama is taken on record. 2. By means of this petition, the petitioners have assailed the FIR bearing FIR/ Case Crime No.0128 of 2025, under Section 87 of B.N.S. 2023, Police Station- Pachdevra, District- Hardoi. 3. Learned counsel for the petitioners has stated that the petitioners have been falsely implicated in the case as they have not committed any offence as alleged. Further submission is that petitioner no.1 and deponent of this petition are major and they have married each other on their own volition on 07.08.2025 in Arya Samaj Temple, Yaseenpur, Hardoi as photostat copy of marriage certificate has been enclosed as Annexure No.3 with this petition. Petitioner no.2 is brother-in-law of petitioner no.1. A copy of Certificate-cum-Marks Sheet of High School Examination, 2022 has been enclosed with this petition to substantiate that the deponent of this petition is major as her date of birth is 12.07.2006. Date of birth of petitioner no.1 is 21.09.2002 as per Certificate-cum-Marks Sheet of High School Examination, 2017 as copy of the same has also been enclosed with this petition. It is contended that opposite party no.3 is not happy Versus Counsel for Petitioner(s) : Vineet Kumar Mishra, Rajeev Kumar Bajpai Counsel for Respondent(s) : G.A. Nikhil Pandey And Another .....Petitioner(s) State Of U.P Thru. Secretary , Home Deptt. Lko. And 2 Others .....Respondent(s) with the marriage and as such, he has lodged the impugned FIR. Learned counsel has also pleaded for protection of the petitioners under Article 21 of the Constitution of India which guarantees liberty to lead life of their own with dignity. 4. 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." 5. Considering the fact that both, petitioner no.1 and deponent of this petition, have attained the marriageable age and they have married together on 07.08.2025, so in the light of dictum of the Apex Court in re; Lata Singh (supra), no person may interfere in the peaceful living of the petitioners. 6. Therefore, this writ petition is disposed of with direction to the opposite parties not to interfere in peaceful life and liberty of the petitioners in any manner. 7. Petitioner no.1 and deponent of this petition shall appear before the Investigating Officer concerned on 10.09.2025 at 11:00 A.M. sharp to record their statements and to cooperate in the investigation and shall further cooperate in the investigation till filing of the police report, failing CRLP No. 7524 of 2025 2 which this protection may be withdrawn on the application being moved by the prosecution or the complainant. The Investigating Officer shall record the statements of petitioner no.1 and deponent of this petition, if possible, on the first date of their appearance and they shall not be unnecessarily held up by the Investigating Officer. September 3, 2025 RBS/- CRLP No. 7524 of 2025 3 (Syed Qamar Hasan Rizvi,J.) (Rajesh Singh Chauhan,J.) Digitally signed by :- RAM BIR SINGH High Court of Judicature at Allahabad, Lucknow Bench