ARZOO WASIM KHAN AND ANOTHER v. STATE OF U.P. THRU. SECY. DEPTT. OF HOME LKO. AND OTHERS
CRLP/7675/2025 · 2025-08-22
Rajesh Singh Chauhan, S Q H Rizvi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 159103 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 159103 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:49545-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 7675 of 2025 Petitioner :- Arzoo Wasim Khan And Another Respondent :- State Of U.P. Thru. Secy. Deptt. Of Home Lko. And Others Counsel for Petitioner :- Ravindra Shukla Counsel for Respondent :- G.A. Hon'ble Rajesh Singh Chauhan,J. Hon'ble Syed Qamar Hasan Rizvi,J.
1. Heard learned counsel for the petitioners and 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 with following prayer :
" To issue a writ, order or direction in the nature of Mandamus commanding the opposite parties not to harass the petitioners and not to harass the petitioners and not to disturb the peaceful marriage of the petitioners."
4. The learned counsel for the petitioners has submitted that the petitioners are major. A copy of Certificate-cum-Marksheet of High School Examination-2023 has been enclosed with this petition to substantiate that petitioner no.1 is major as her date of birth is 12.8.2007. The date of birth of the petitioner no. 2 is 1.1.2005 as per his High School marksheet. 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. Learned counsel has further stated that no First Information Report has been registered against the petitioners in this regard. 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. 8. It is made clear that if any F.I.R. is already registered on the issue, the order passed by this Court shall automatically stand discharged. 9. It is, however, made clear that this Court has not entered into nor adjudicated the age of the petitioners. . (Syed Qamar Hasan Rizvi, J.) (Rajesh Singh Chauhan, J.) Order Date :- 22.8.2025 Om Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench