SMT. PREMA AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME U.P. LKO. AND OTHERS
CRLP/8482/2025 · 2025-09-19
Rajeev Singh, Rajnish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 163144 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 163144 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 8482 of 2025 Court No. - 10 HON'BLE RAJNISH KUMAR, J.
HON'BLE RAJEEV SINGH, J.
1. Heard Shri Raghunath Prasad, 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.3 is dispensed with. 3. This writ petition has been filed by the petitioners with the following prayer :-
"1-Issue a writ, order or direction in the nature of Mandamus thereby commanding to the opposite parties specially to the police authorities not to harass petitioners in any manner and not to adopt any coercive process against the petitioners on the basis of their marriage being solemnized and not to create any hindrance in their married life. II- Issue a writ, order or direction in the nature of Mandamus commanding to the opposite parties specially to the police authorities not to harass the petitioners under the threat of their arrest and until and unless there is any criminal case registered against them."
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 12.07.2025 as per Hindu rites in Arya Samaj Yaseenpur, Hardoi. In this regard, reliance has been placed on the marriage certificate as well Versus Counsel for Petitioner(s) : Raghunath Prasad Counsel for Respondent(s) : G.A. Smt. Prema And Another .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home U.P. Lko. And Others .....Respondent(s)
as their age certificate, annexed as Annexure Nos.2 and 1, 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.3, 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. The petition is, therefore, disposed of with a direction to the opposite parties not to interfere in peaceful life and liberty of the petitioners in any manner. September 19, 2025 Raj CRLP No. 8482 of 2025 2 (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