RAJIYA AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND OTHERS
CRLP/9366/2025 · 2025-10-09
Rajnish Kumar, Zafeer Ahmad
body2025
DailyLaw.ai
[ 2025 DAILYLAW 167788 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 167788 (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. - 9366 of 2025 Court No. - 10 HON'BLE RAJNISH KUMAR, J.
HON'BLE ZAFEER AHMAD, J.
1. Heard Sri Pawan Kumar Sharma, learned counsel for the petitioners and learned AGA.
2. In view of order proposed to be passed, notice to the opposite party no.4 is dispensed with.
3. This petition has been filed for a writ of mandamus directing the opposite parties not to harass the petitioners.
4. It is stated by learned counsel for the petitioners that both the petitioners are major and have solemnized their nikah with their sweet will and volition on 15.08.2025, but since the father of the petitioner was not ready for marriage, therefore, the police is harassing on his instance.
5. Learned AGA, on the basis of instructions, received from Puneet Singh, S.I., Police Station Kotwali Dehat, District Bahraich, submits that no F.I.R has been lodged against the petitioners and the police is also not harassing the petitioners in any manner. The said instructions are taken on record.
6. In view of above, the petition is disposed of in terms of statement of learned AGA. Even otherwise, the petitioners are entitled for the benefit of Lata Singh Vs. State of U.P. and another, 2006 (5) SCC 475, the relevant paragraph 17 of which 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 who is a major, the couple is not harassed by anyone nor subjected to Versus Counsel for Petitioner(s) : Pawan Kumar Sharma Counsel for Respondent(s) : G.A. Rajiya And Another .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Others .....Respondent(s)
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." October 9, 2025 Akanksha Sri/- CRLP No. 9366 of 2025 2 (Zafeer Ahmad,J.) (Rajnish Kumar,J.) Digitally signed by :- AKANKSHA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench