ROSHNI SONKAR AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. LKO. AND 3 OTHERS
/8271/2025 · 2025-09-12
Rajeev Singh, Rajnish Kumar
body2025
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[ 2025 DAILYLAW 161605 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 161605 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 8271 of 2025 Court No. - 10 HON'BLE RAJNISH KUMAR, J.
HON'BLE RAJEEV SINGH, J.
1. Heard learned counsel for the petitioners and learned A.G.A. for the opposite party nos.1 to 3. 2. Since the point involved in the present writ petition is trivial in nature, so with the consent of parties counsel, who are present today, writ petition is being decided at the admission stage. 3. In view of order proposed to be passed, requirement of issuance of notice to the opposite party no.4 is dispensed with. 4. This petition has been filed for a writ of mandamus directing the opposite party no.4 not to harass the petitioners. 5. It is stated by learned counsel for the petitioners that both the petitioners are major and have married with each other by their own free will on 18.08.2025 as per Hindu rites at Arya Samaj Mandir Shivpuri, Kamta, Chinhat, Lucknow. In this regard, reliance has been placed on the marriage certificate as well as Aadhar card and high school certificate of petitioner no.1 and Aadhar card of petitioner no.2, annexed as Annexure Nos.1, 2 and 3 respectively to the writ petition. They are enjoying and living peaceful matrimonial life. There is no first information report lodged against the petitioners till date. Versus Counsel for Petitioner(s) : Surendra Kumar Mishra, Ashutosh Rawat, Dharmendra Kumar Yadav Counsel for Respondent(s) : G.A. Roshni Sonkar And Another .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And 3 Others .....Respondent(s)
6. However, opposite party no.4, being annoyed with their marriage, is creating hindrance in order to disturb their matrimonial life with the help of police authority of concerned police station. As such, the petitioners made a representation to the opposite party no.2 requesting therein that police authority of concerned police station may be directed not to interfere in the peaceful matrimonial life at the behest of opposite party no.4 but till date, nothing has been done by the police authority. So, they have approached this Court, for redressal of their grievances, by filing the present writ petition. 7. Learned counsel for the petitioners has relied upon the law laid down in paragraph 17 of Lata Singh Vs. State of U.P. and another, 2006 (5) SCC 475 which reads as under:-
"17.....
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 women 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 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. 9. The petition is, therefore, disposed of with a direction to the opposite party no.4 not to interfere in peaceful life and liberty of the petitioners in any manner. September 12, 2025 Akanksha Sri/- CRLP No. 8271 of 2025 2 (Rajeev Singh,J.) (Rajnish Kumar,J.) Digitally signed by :- AKANKSHA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench