AWANTIKA PAL AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME AND 3 OTHERS
CRLP/10087/2025 · 2025-11-03
Rajnish Kumar, Zafeer Ahmad
body2025
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[ 2025 DAILYLAW 180734 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 180734 (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. - 10087 of 2025 Court No. - 10 HON'BLE RAJNISH KUMAR, J.
HON'BLE ZAFEER AHMAD, J.
1. Heard Shri Jaikaran, learned Counsel for the petitioners and learned AGA for the State. 2. This petition has been filed by the petitioners with the following main reliefs :-
"(i) To issue a writ, order or direction in the nature of Mandamus thereby commanding the opp. parties not to interfere in the peaceful marital life of the petitioners, whereas, the petitioners have solemnized their marriage at their free sweet will, being major in age, in the interest of justice. (ii) Issue writ or order or direction in the nature of Mandamus commanding the concerned police authorities to provide security and safety to the petitioners, forthwith."
3. Learned Counsel for the petitioners submits that an F.I.R. was lodged against the petitioner no.2-Ankur Katiyar with the allegations that complainant's minor daughter, namely, Awantika Pal (petitioner no.1 herein) has been enticed away by petitioner no.2-Ankur Katiyar and co- accused Akash Kumar Pal. Subsequently, petitioner no.2-Ankur Katiyar Versus Counsel for Petitioner(s) : Jaikaran Counsel for Respondent(s) : G.A. Awantika Pal And Another .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home And 3 Others .....Respondent(s)
was arrested, however, he was released on bail by means of order dated 11.08.2025 passed by this Court in Criminal Misc. Bail Application No. 7341 of 2025 : Ankur Katiyar Vs. State of U.P. and 3 others. He submits that after grant of bail by this Court, petitioner no.1 has attained the age of majority and has solemnized marriage with petitioner no.2-Ankur Katiyar out of their own free will and volition at Arya Samaj Mandir, Shivpuri, Kamta, Chinhat, Lucknow on 16.10.2025. Copy of Certificate of marriage has been annexed as Annexure No.1 to the writ petition. In regard to age, copy of High School Certificate of petitioner no.1- Awantika Pal and petitioner no.2 has been annexed as Annexure No.2 and 3, respectively, to the writ petition. However, opposite party no. 4, 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, therefore, they have approached this Court, for redressal of their grievances, by filing the present writ petition. 4.
Learned AGA, on the basis of instructions dated 26.10.2025 received from Sub-Inspector, Police Station Sareni, Raibareli, states that father of petitioner no.1 has lodged an F.I.R., bearing No. 238 of 2025, under Section 137(2)/87 of B.N.S., 2023 at police station Sareni, district Raibareli against the petitioner no.2. He, on the basis of instructions, further submits that now both the petitioners are major in age and solemnized marriage and they are competent to take decision for their life, however, since petitioner no.1 was aged about 17 years at the time of the incident alleged in F.I.R. No. 238 of 2025, therefore, charge-sheet has been filed against the petitioner no.2 and other co-accused persons before the Court concerned on 29.03.2025. He further submits that in case any application is moved for harassment, appropriate security will be provided CRLP No. 10087 of 2025 2
to them as per law. Even otherwise, submission is that since the petitioners are major in age and they are competent to take own decision for their life, therefore, there is no question for harassment in view of the decision of the Apex Court in Lata Singh Vs. State of U.P. and another, 2006 (5) SCC 475. The instructions dated 26.10.2025 is taken on record. 5. The writ petition is disposed of in terms of aforesaid statement of learned AGA. However, it will not have any effect on the charge-sheet filed by the State and proceedings in pursuance thereof. November 3, 2025 Ajit CRLP No. 10087 of 2025 3 (Zafeer Ahmad,J.) (Rajnish Kumar,J.) Digitally signed by :- AJIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench