Allahabad High Court
Chandni Kumari @ Chandani And Another vs State Of U.P. Thru. Prin. Secy. Home ... on 5 September, 2023
Bench: Sangeeta Chandra, Narendra Kumar Johari
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2023:AHC-LKO:58571-DB Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 6857 of 2023 Petitioner :- Chandni Kumari @ Chandani And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Others Counsel for Petitioner :- Anil Kumar Nishad Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J.
Hon'ble Narendra Kumar Johari,J.
(1) Heard learned A.G.A. who appears on behalf of the State Respondents.
(2) It has been informed that the Advocates are abstaining from judicial work.
(3) This petition has been filed with the following main prayer:-
"1. To issue a writ, order or direction in the nature of mandamus commanding the opposite parties not to interfere in peaceful matrimonial life and liberty to the petitioners keeping in view of Lata Singh Vs. State of U.P. and another, 2006 (5) SCC 475-2006 AIR SCW 3499 and Shakti Vahini v. Union of India, (2018) 7 SCC 192, read with article 21 of the constitution of India. The copy of Marriage certificate dated 27-8-2023 is being annexed herewith as annexure no. 1 to this writ petition.
2. To issue a writ, order or direction in the nature of mandamus commanding the opposite parties not to harass and interfere in life and liberty to the petitioners and family member of petitioner no. 2 keeping in view of article 21 of the constitution of India."
(4) On perusal of pleadings, it appears that petitioner no.1 and petitioner no.2 are both major, who on their own volition and free will have got married out of their own sweet will with each other in accordance with Hindu rites and rituals on 27.08.2023, but the family members of petitioner no.1 are unhappy to such marriage. In support of their submission that petitioner no. 1 is major, they filed High School Certificates of the petitioner no.1 and according to which the date of birth of petitioner no.1 is 29.06.2005. They are being harassed by the opposite parties no. 5 & 6, who are the brothers of the petitioner no.1. They therefore prayed for the benefit of the judgement rendered by the Hon'ble Supreme Court in the case of Lata Singh Vs. State of U.P. and another, 2006 (5) SCC 475 and the observations made in paragraph 17 which 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 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.".
(5) This Court has found from the perusal of judgement rendered in Lata Singh Vs. State of U.P. and another, 2006 (5) SCC 475 wherein the appellants had approached the Supreme Court against the police harassment because of F.I.R. being lodged by the brother of appellant no.1.
(6) In the case of the petitioners there is no F.I.R. lodged. The police cannot be presumed to harass the petitioners only under the influence of the private respondent no.4. The action of Police is governed by the provision of Code of Criminal Procedure, 1973. Particularly, Chapter XII of the Code makes provision for information to Police and their power to investigate. In absence of any proof of such information regarding which the provision has been made under Section 154 and 155 of the Cr.P.C., it will not be justified to grant a blanket protection to the petitioners as prayed.
(7) This writ petition is disposed of with a direction to the petitioners that in case they are threatened by their family members they may file an application under Section 154(2) or 154(3) of the Cr.P.C. before the Police Station/Superintendent of Police concerned, or to move an application under Section 156 (3) of the Cr.P.C. before the Magistrate concerned and or file a complaint case under Section 200 of the Cr.P.C. before the authorities concerned.
Order Date :- 5.9.2023 Darpan Sharma