ISRAT JAHAN AND ANOTHER v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOME LKO AND 3 OTHERS
CRLP/8976/2025 · 2025-09-26
Rajesh Singh Chauhan, S Q H Rizvi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 166142 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 166142 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 8976 of 2025 Court No. - 9 HON'BLE RAJESH SINGH CHAUHAN, J.
HON'BLE SYED QAMAR HASAN RIZVI, J.
1. Heard Sri Mahendra Pal Chaudhary, learned counsel for the petitioners and learned A.G.A. for the State. 2. In view of the proposed order, notice to opposite party no. 4 is dispensed with. 3. This petition has been filed for a writ of mandamus commanding the opposite parties to protect the married life of the petitioners as both are major. 4. Learned A.G.A. on the basis of instructions has stated that there is no complaint or F.I.R. lodged against the petitioners and they are not being harassed by the local police concerned. 5. It has been alleged that petitioners have entered into matrimonial relationship being above the age of majority. The petitioners have filed a copy of Nikahnama in support of their submission. The grievance of the petitioners in the writ petition is that personal liberty of the petitioners is unduly interfered with by the police authorities without there being any complaint or F.I.R. lodged against them. The position in law as laid down by Apex Court in paragraph 17 of the case of Lata Singh Vs. State of U.P. and another, 2006 (5) SCC 475 reads as under:-
"17..... We, therefore, direct that the administration/police authorities Versus Counsel for Petitioner(s) : Mahendra Pal Chauhan Counsel for Respondent(s) : G.A. Israt Jahan And Another .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko And 3 Others .....Respondent(s)
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."
6. The petitioners have also pleaded for protection under Article 21 of the Constitution of India which guarantees personal liberty to lead life freely in a dignified manner. 7.
The petition is, therefore, disposed of with a direction to the opposite parties not to interfere in the peaceful life and personal liberty of the petitioners in any manner. September 26, 2025 Fahim/- CRLP No. 8976 of 2025 2 (Syed Qamar Hasan Rizvi,J.) (Rajesh Singh Chauhan,J.) Digitally signed by :- MOHD FAHIM AKHTAR High Court of Judicature at Allahabad, Lucknow Bench