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2025 DAILYLAW 89355 (ALL)

SMT. SNEHA AND ANOTHER v. STATE OF U.P. AND 5 OTHERS

WRIC/29155/2025 · 2025-09-09

Saurabh Srivastava

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 29155 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Instructions filed in the Court today is taken on record. 2. Heard learned counsel for petitioners and learned Standing Counsel for the State-respondents. 3. 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. 4. 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 27.07.2025 and their marriage has also been registered on dated 29.07.2025 under the Uttar Pradesh Marriages Registration Rules, 2017 and for that they are being threatened and harassed by respondent no. 4 to 6 with the collusion of local police. Learned counsel for petitioners further submitted that in pursuance of the hindrances being created by respondent no.4 to 6, petitioners moved a representation before Police Commissioner, R.D.C., Raj Nagar, Ghaziabad (U.P.) but no heed has been paid, hence this petition. 5. Per contra, learned 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 to 6 in pursuance of the threats which are being given by respondent no.4 to 6 to Versus Counsel for Petitioner(s) : Purushottam Mani Tripathi Counsel for Respondent(s) : C.S.C. Smt. Sneha And Another .....Petitioner(s) State Of U.P. And 5 Others .....Respondent(s) the petitioners. 6. 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 to 6, has been preferred, in reply to the same, learned counsel for petitioners fairly contended that no such application has ever been preferred. 7. 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. 8. In view thereof, the present petition stands disposed of with liberty to the petitioners 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. 9. Police Commissioner, R.D.C., Raj Nagar, Ghaziabad shall ensure that petitioners will not be harassed by local police in connection with the marriage solemnized by them. 10. Learned Standing Counsel shall intimate this order to Police Commissioner, R.D.C., Raj Nagar, Ghaziabad for necessary compliance. September 10, 2025 Anjali WRIC No. 29155 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad