SMT. SANJANA VISHWAKARMA AND ANOTHER v. STATE OF U.P. THRU. SECY. HOME LKO AND 3 OTHERS
CRLP/10126/2025 · 2025-11-10
Rajnish Kumar, Zafeer Ahmad
body2025
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[ 2025 DAILYLAW 197562 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 197562 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 10126 of 2025 Court No. - 10 HON'BLE RAJNISH KUMAR, J.
HON'BLE ZAFEER AHMAD, J. 1.Heard Sri Surendra Kumar Pal, learned counsel for the petitioner and learned A.G.A. for the State. 2. Learned counsel for the petitioners submits that both the petitioners are major in age and they have married with each other by their own free will on 14.10.2025 as per Hindu rites and rutuals at Arya Samaj, Sector H, Harsh Vihar Pruaniya, Aliganj, Lucknow. Learned counsel for the petitioners further submits that respondent no.4 who is father of petitioner no.1 was not ready for the marriage, therefore, the impugned F.I.R has been lodged. 3. Learned A.G.A. on the basis of instructions dated 27.10.2025 received from Deepak Kumar Pal, Sub Inspector, Police Station Nagram, District Lucknow, a copy of which has been placed before this Court and is taken on record, submits that a missing report in regard to the petitioner no.1 was lodged. However, since the petitioner no.1 solemnized her marriage with petitioner no.2 on 14.10.2025, the missing report has been closed and the petitioner no.1, after recording her statement and submitting an affidavit, has been handed over in the custody of petitioner no.2 and his family members. Thus, the question of harassment of the petitioners does not arise. 4. In view of above, the petition is disposed of in terms of statement of learned A.G.A. Even otherwise the petitioners are entitled for benefit of Lata Singh Vs. State of U.P. and another, 2006 (5) SCC 475. Paragraph 17 of the judgment reads as under:-
"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 Versus Counsel for Petitioner(s) : Surendra Kumar Pal, Siddhant Mishra Counsel for Respondent(s) : G.A. Smt. Sanjana Vishwakarma And Another .....Petitioner(s) State Of U.P. Thru. Secy.
Home Lko And 3 Others .....Respondent(s)
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."
November 10, 2025 Shahnaz CRLP No. 10126 of 2025 2 (Zafeer Ahmad,J.) (Rajnish Kumar,J.) Digitally signed by :- SHAHNAZ BANO High Court of Judicature at Allahabad, Lucknow Bench