1 2026:CGHC:25598-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 326 of 2026 1 - Rajesh Kumar S/o Harilal Chauhan Aged About 34 Years R/o Vil- lage- Ward No. 10 Gayatri Mandir Road, P.S. And Tehsil- Surajpur, Dis- trict- Surajpur (C.G.) 2 - Naincy Gupta D/o Dinesh Gupta Aged About 19 Years R/o Village- Ward No. 10 Gayatri Mandir Road, P.S. And Tehsil- Surajpur, District- Surajpur (C.G.) ... Petitioners versus 1 - State of Chhattisgarh Through District Magistrate/collector- District Surajpur (C.G.) 2 - Superintendent of Police-Surajpur District Surajpur (C.G.) 3 - Station House Officer Police Station- Surajpur, District Surajpur (C.G.) 4 - Dinesh Gupta S/o Prem Shankar Gupta Aged About 42 Years R/o Laad, Post Korbi, Outpost Korbi, Police Station Pasan, Tehsil Podi, Dis- trict Korba, (C.G.) 5 - Mamta Gupta W/o Dinesh Gupta Aged About 40 Years R/o Jail Para, Surajpur, P.S. And Tehsil- Surajpur, District- Surajpur (C.G.) ... Respondents For Petitioner : Mr. Abhinav Dubey, Advocate For Respondent/State : Mr. Ashish Shukla, Addl. Adv. General Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal , Judge Order on Board Per Ramesh Sinha , Chief Justice 23 .06 .2026 1 Heard Mr. Abhinav Dubey, learned counsel for the petitioner. Also heard Mr. Ashish Shukla, learned Additional Advocate General, ROHIT KUMAR CHANDRA Digitally signed by ROHIT KUMAR CHANDRA 2 appearing for the State/respondents. 2 The present writ petition has been filed by the petitioner with the following prayers: “10.1 Issue an appropriate writ, order, or direction restraining the Respondents from interfering in any manner in the matrimonial life of the Petitioner and his/her spouse and release the petitioner no. 2 from the custody of Sakshi Centre located at Surajpur (C.G.) 10.2 Direct the concerned authorities to provide necessary protection to the Petitioner and his/her spouse from any coercion, threats, ог undue interference by the Respondents; 10.3 Direct the Station House officer Surajpur not to initiate any criminal action against the petitioners in pursuance to complaint raised by respondent no.5 10.4 Pass such further orders as may be deemed just and necessary in the interest of justice. 3 Learned counsel for the petitioners submits that the present writ petition has been filed seeking protection of the life and liberty of the petitioners, who are two consenting adults and have solemnized their marriage out of their own free will and choice. It is submitted that petitioner No.1 and petitioner No.2 have attained the age of majority and entered into a matrimonial relationship on 15.02.2026 at Durga Mandir, Tiliswa, District Surajpur (C.G.). At the time of marriage, petitioner No.1 was aged about 34 years and petitioner No.2 was aged about 18 years and 11 months. The petitioners are residing together as husband and wife with their consent and free will. 3 4 Learned counsel fairly submits that during the pendency of the matter, an FIR bearing No.406/2026 has already been registered at Police Station Surajpur, District Surajpur (C.G.) against petitioner No.1 for the alleged offence under Section 137(2) of the Bharatiya Nyaya Sanhita, 2023, on the complaint lodged by the mother of petitioner No.2 alleging kidnapping. It is submitted that the registration of the said FIR is based upon an incorrect assumption regarding the age and consent of petitioner No.2. Petitioner No.2 is a major girl and has herself stated before the concerned authorities that she voluntarily accompanied petitioner No.1 and solemnized marriage with him out of her own free will. There was no force, coercion, inducement or illegal confinement by petitioner No.1. Learned counsel submits that petitioner No.2 has specifically expressed her desire to reside with petitioner No.1 as his wife and has requested that no criminal action be taken against petitioner No.1. Therefore, the continuance of harassment or interference by the family members of petitioner No.2 is an infringement of the petitioners’ fundamental right to life and personal liberty guaranteed under Article 21 of the Constitution of India. It is further submitted that merely because the family members of petitioner No.2 are not consenting to the marriage, they cannot be permitted to interfere with the matrimonial life of two major individuals or use criminal proceedings as a means to separate them. Learned counsel, therefore, prays that considering the facts and circumstances of the case, appropriate directions may kindly be issued for protection of the life and liberty of the petitioners and to ensure that no coercive action is taken 4 against them merely on account of their matrimonial relationship, subject to the petitioners availing appropriate remedies available in law in respect of the FIR registered against petitioner No.1. 5 Per contra, learned State counsel submits that the present writ petition has been filed seeking protection of the petitioners; however, it is submitted that an FIR bearing No.406/2026 has already been registered at Police Station Surajpur, District Surajpur (C.G.) against petitioner No.1 for the alleged offence under Section 137(2) of the Bharatiya Nyaya Sanhita, 2023, on the basis of a complaint lodged by the mother of petitioner No.2. Learned State counsel submits that the allegations contained in the FIR are required to be investigated by the competent investigating agency in accordance with law and the writ jurisdiction of this Hon’ble Court may not be exercised so as to impede or influence the ongoing criminal investigation. 6 Having heard learned counsel for the parties and upon perusal of the pleadings and documents placed on record, this Court finds that the present writ petition has been filed by the petitioners seeking protection of their life and liberty on the ground that they have entered into a matrimonial relationship out of their own free will and choice. 7 It is not in dispute that petitioner No.1 and petitioner No.2 claim to have solemnized marriage on 15.02.2026. It is also not disputed that an FIR bearing No.406/2026 has already been registered at Police Station Surajpur, District Surajpur (C.G.) against petitioner No.1 for the alleged offence under Section 137(2) of the Bharatiya Nyaya Sanhita, 2023, on the complaint lodged by the mother of petitioner No.2 and the petitioner 5 No.2 has already been taken into custody in pursuance of the said FIR and she has been kept in the Sakhi Centre. 8 In view of the same, the present petition is dismissed on this ground alone leaving it open to the petitioner No.1 to take recourse to law, which available against the FIR registered against him. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Chandra