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2025 DAILYLAW 45749 (ALL)

SMT. SHIVANI TIWARI AND ANOTHER v. STATE OF UTTAR PRADESH AND 3 OTHERS

WRIC/11918/2025 · 2025-04-21

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:60711 Court No. - 74 Case :- WRIT - C No. - 11918 of 2025 Petitioner :- Smt. Shivani Tiwari And Another Respondent :- State Of Uttar Pradesh And 3 Others Counsel for Petitioner :- Amardeo Singh,Umesh Singh Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for petitioners and learned Standing Counsel for the State-respondents. 2. By way of the present writ petition, a direction in the nature of mandamus directing the respondents not to interfere in peaceful marital life of petitioners, has been sought. 3. Learned counsel for the petitioners submits that both the petitioners are major and have solemnized marriage with each other of their own freewill according to Hindu Rites and Custom on 10.12.2024 and their marriage has also been registered on dated 20.01.2025 under the Uttar Pradesh Marriages Registration Rules, 2017 and for that they are being threatened and harassed by respondent no.4 with the collusion of local police. Learned counsel for petitioners further submitted that in pursuance of the hindrances being created by respondent no.4, petitioners moved a representation before Superintendent of Police, Chandauli but no heed has been paid, hence this petition. 4. Per contra, learned Additional Chief Standing Counsel vehemently opposed the prayer sought through the instant petition by way of submitting that it is true that both the petitioners are major and have solemnized marriage which has also been registered but at the same time, it has been submitted that if the concerned police authorities are not paying any heed towards the grievances of petitioners, they may approach the learned court concerned by way of filing application under Section 175(3) BNSS for seeking direction in favour of concerned police authorities for lodging FIR against respondent no.4 in pursuance of the threats which are being given by respondent no.4 to the petitioners and their friends. 5. A precise query has been made before learned counsel for petitioners that whether any application under Section 175(3) BNSS for seeking direction in favour of concerned police authorities for lodging FIR against respondent no.4, has been preferred, in reply to the same, learned counsel for petitioners fairly contended that no such application has ever been preferred. 6. After having the rival contentions raised by learned counsel for parties as well as perusal of the records, it is observed that no specific application in shape of information preferred before the concerned police authorities for lodging any FIR against any illegal conduct carried out by the private respondent, if that be so, and no heed has ever been paid by the concerned police authorities, there is no specific averment available in the petition that any case has been instituted in pursuance to Section 175(3) of BNSS. 7. In view thereof, the present petition stands disposed of with liberty to the petitioner to approach the concerned police authorities by way of preferring specific application for lodging FIR against any illegal conduct carried out by the private respondent. 8. Superintendent of Police, Chandauli shall ensure that petitioners will not be harassed by local police in connection with the marriage solemnized by them. 9. Learned Additional Chief Standing Counsel shall intimate this order to Superintendent of Police, Chandauli forthwith. Order Date :- 22.4.2025 Gurpreet Singh Digitally signed by :- GURPREET SINGH High Court of Judicature at Allahabad Digitally signed by :- GURPREET SINGH High Court of Judicature at Allahabad Digitally signed by :- GURPREET SINGH High Court of Judicature at Allahabad