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2025 DAILYLAW 162916 (ALL)

SMT. ALKA AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND OTHERS

CRLP/8476/2025 · 2025-09-19

Rajeev Singh, Rajnish Kumar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 8476 of 2025 Court No. - 10 HON'BLE RAJNISH KUMAR, J. HON'BLE RAJEEV SINGH, J. 1. Heard Ms. Saniya, learned counsel for the petitioners and learned A.G.A. for the State. 2. In view of the order proposed to be passed, notice to respondent no.4 is dispensed with. 3. This writ petition has been filed by the petitioners with the following prayer :- "I.issue a writ, order or direction in the nature of MANDAMUS commanding and directing to the state opposite parties more specifically to the opposite party No. 2 and 3 not to disturb in peaceful marital life of the petitioners in the interest of justice. II.issue a writ, order or direction in nature of MANDAMUS directing the opposite party No. 2 and 3 to ensure no illegal harassment of the petitioners as well as their family members in the interest of justice." 4. 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 25.08.2025 as per Hindu rites in Arya Samaj Mandir, Kamta, Chinhat, Lucknow. In this regard, reliance has Versus Counsel for Petitioner(s) : Saniya Counsel for Respondent(s) : G.A. Smt. Alka And Another .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Others .....Respondent(s) been placed on the marriage certificate as well as their age certificate, 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. 5. 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. So, they have approached this Court, for redressal of their grievances, by filing the present writ petition. 6. 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." 7. 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. 8. Learned AGA for the State on the basis of instructions received from Shri Rakesh Chandra, Sub-Inspector, Police Station-Kotwali, District Sitapur, submits that as per the documents annexed by the petitioner, the petitioners are major in age and they have married on 25.08.2025. There is no report/first information report lodged against the petitioners CRLP No. 8476 of 2025 2 and the petitioners are not being harassed by the police. 9. The petition is, therefore, disposed of in terms of the statement of learned AGA for the State on the basis of instructions. September 19, 2025 Raj CRLP No. 8476 of 2025 3 (Rajeev Singh,J.) (Rajnish Kumar,J.) Digitally signed by :- RAJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- RAJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench