CHHAYA RASTOGI AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND OTHERS
CRLP/3005/2024 · 2025-11-04
Rajnish Kumar, Zafeer Ahmad
body2025
DailyLaw.ai
[ 2025 DAILYLAW 183529 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 183529 (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. - 3005 of 2024 Court No. - 10 HON'BLE RAJNISH KUMAR, J.
HON'BLE ZAFEER AHMAD, J.
1. Heard learned counsel for the petitioners and learned A.G.A. for the State. 2. This Court on 27.4.2024 had passed the following order :-
"1. Heard learned counsel for the petitioners, learned A.G.A. for the State and perused the record. 2. By means of this writ petition, petitioners have prayed for issuance of mandamus commanding the opposite parties not to harass the petitioners and interfere in their peaceful married life. 3. Petitioners claim to have married each other of their own volition and also claim that on the date of their marriage i.e. 23.4.2024, they were of marriageable age. The marriage certificate dated 23.4.2024 issued by the Arya Samaj, Sector-H, Aliganj, Lucknow is filed as Annexure-1 to the writ petition. Petitioner no.1 has filed a copy of Class-VIII Marks-sheet and petitioner no.2 has filed a copy of Aadhar Card as Annexure nos.2 and 3 to the writ petition respectively, as proof of age. Learned counsel for petitioners further submits that there is no F.I.R. against the petitioners and they are not wanted in any criminal case, yet the police is harassing them at the behest of family members, who are not agreeable to the marriage. 4. Learned A.G.A., on instructions, states that a missing complaint is already filed with the police by the family members of the girl. 5. Issue notice to opposite party no.4. 6. Till the next date of listing, it is provided that if the petitioners have married each Versus Counsel for Petitioner(s) : Surya Prakash Counsel for Respondent(s) : G.A. Chhaya Rastogi And Another .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Others .....Respondent(s)
other and are living together, were of marriageable age on the date of their marriage and they are not wanted in any criminal case, then the police shall not unnecessarily interfere in their peaceful married life. 7. Let counter affidavit be filed within four weeks. 8. List after four weeks". 3. Learned A.G.A. on the basis of counter affidavit sworn by the Circle Officer, Mohammadi, district Kheri submits that the missing report of the petitioner no. 1 was lodged by the brother of the victim. The petitioner no.
1 contacted the concerned police station and got her statement recorded stating therein that she is aged about 25 years and she married with the petitioner no. 2 on her sweet will in Arya Samaj Manidr and she is living with the petitioner no. 2 peacefully and she has no objection from him. 4. In view of the above, the question of harassment does not arise. The petition is disposed of in terms of the statement of the learned A.G.A. November 4, 2025 kanhaiya CRLP No. 3005 of 2024 2 (Zafeer Ahmad,J.) (Rajnish Kumar,J.) Digitally signed by :- KANHAIYA KUMAR High Court of Judicature at Allahabad, Lucknow Bench