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2025 DAILYLAW 164189 (ALL)

ANJALI BHARTI AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. U.P. LKO. AND 4 OTHERS

CRLP/8687/2025 · 2025-09-16

Rajnish Kumar, Saurabh Lavania

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 8687 of 2025 Court No. - 10 HON'BLE RAJNISH KUMAR, J. HON'BLE SAURABH LAVANIA, J. 1. Heard Shri Shiv Shankar Verma, learned counsel for the petitioners and learned A.G.A. for the opposite party nos.1 to 3. 2. In view of the order proposed to be passed, the issuance of notice to the opposite party nos.4 and 5 is dispensed with. 3. The instant writ petition has been filed with the prayer for a writ of mandamus commanding the opposite parties to protect the marital life of the petitioners and not to interfere in their peaceful marital life, during the pendency of the instant petition in the interest of justice. 4. It has been submitted by the learned counsel for the petitioners that this petition, filed under Article 226 of the Constitution of India, seeks a writ of mandamus to protect the petitioners' peaceful marital life from interference by the police, specifically, the opposite parties Nos.2 & 3. It has been further submitted that the petitioners assert their fundamental right to life and personal liberty guaranteed under Article 21 of the Constitution. 5. In support of his contention, learned counsel for the petitioners has relied upon the Law laid down by the Hon'ble Supreme Court in the case of Lata Singh vs. State of U.P. and Another, 2006 (5) SCC 475, which mandates that authorities must ensure no harassment or violence is inflicted upon an inter-caste or inter-religious couple, who are both majors. It has also been submitted that the said precedent explicitly directs the police to initiate criminal proceedings against anyone, who threatens or harasses such couples. The relevant para is extracted here-in-below: "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 Versus Counsel for Petitioner(s) : Shiv Shankar Verma Counsel for Respondent(s) : G.A. Anjali Bharti And Another .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. And 4 Others .....Respondent(s) 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. In view of the settled legal position as laid down by the Hon'ble Supreme Court in Lata Singh Vs. State of U.P. and Another (Supra) and considering the fundamental rights of the petitioners under Article 21 of the Constitution, this Court finds merit in the petitioners' request for protection. Accordingly, this petition is disposed of with direction to the State's counsel to ensure that no harassment or interference is caused to the peaceful marital life of the petitioners and that they are not subjected to any coercive action or threats. No order as to costs. September 16, 2025 ML/- CRLP No. 8687 of 2025 2 (Saurabh Lavania,J.) (Rajnish Kumar,J.) Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench