SHIVANI AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO., AND OTHERS
CRLP/11175/2025 · 2025-11-25
Abdul Moin, Babita Rani
body2025
DailyLaw.ai
[ 2025 DAILYLAW 173852 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 173852 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 11175 of 2025 Court No. - 11 HON'BLE ABDUL MOIN, J.
HON'BLE MRS. BABITA RANI, J.
1. Heard learned counsel for the petitioners, and learned Additional Government Advocate for respondents no.1 to 3. 2. In view of proposed order, notice to opposite party nos.4 and 5 is hereby dispensed with. 3. Instant petition has been filed praying for a mandamus commanding the respondents not to disturb the peaceful marriage of the petitioners as they have solemnized their marriage on 17.11.2025 and got registered it on 18.11.2025 in Arya Samaj, Civil Lines, Kanpur. 4. The contention of learned counsel for the petitioners is that the petitioners have solemnized their marriage on 17.11.2025 and got registered it on 18.11.2025. Copy of the marriage certificate is Annexure1 to the writ petition. 5. Placing reliance on the Aadhar Cards, copies of which are Annexures 3 and 4 to the petition, the contention is that both the petitioners are major and having solemnized marriage there cannot be any occasion for the respondents to harass the petitioners at the instance of respondents no.4 and 5. 6. On the other hand, learned AGA on the basis of instructions states that an FIR bearing No.0642 of 2025 has been lodged on 17.11.2025 at Police Station Achalganj, District Unnao, by respondent no.4 alleging that Versus Counsel for Petitioner(s) : Anjali Dubey, Rajiv Mishra, Soniya Mishra Soni Pathak Counsel for Respondent(s) : G.A. Shivani And Another .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko., And Others .....Respondent(s)
petitioner no.1 has been enticed away by Satyam son of Gullu and has also taken some cash with her. 7. The aforesaid FIR cannot detain the Court inasmuch as the FIR has been lodged against Satyam while the petitioner no.1 herein has got married with Rustam Kumar, as such, there cannot be any occasion for the respondent authorities to harass the petitioners on the basis of the aforesaid FIR. 8. Considering the aforesaid, the writ petition is disposed of with a direction to respondents to not harass the petitioners in any manner. However, considering that FIR has been lodged by respondent no.4, the petitioners shall appear before the competent authority on 04.12.2025 in order to get their statements recorded.
In case they do not appear before the competent authority on 04.12.2025 the benefit of this order would not be available to them. November 25, 2025 A. Katiyar CRLP No. 11175 of 2025 2 (Mrs. Babita Rani,J.) (Abdul Moin,J.) Digitally signed by :- AMIT KATIYAR High Court of Judicature at Allahabad, Lucknow Bench