Muskan Kashyap and Another v. State of U.P. Thru. Addl. Chief Secy. Home Civil Sectt. Lko and Others

Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 7754 of 2023 Petitioner :- Muskan Kashyap And Another Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Civil Sectt. Lko And Others Counsel for Petitioner :- Suneel Kumar Singh Kalhans,Richa Srivastava,Shikha Srivastava Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Narendra Kumar Johari,J. Heard learned counsel for the petitioners, learned A.G.A. for the State/Respondents and perused the record. This petition has been filed with the following main prayers:- "(i). Issue a writ of mandamus or a writ, order or direction in the nature of mandamus commanding the opposite parties, particularly opposite party numbers 2 and 3 not to harass the petitioners and not to make raid at the house of the petitioner number 2 and also not to harass the family members of petitioner number 2 and not to interfere in peaceful living of the petitioners as wife and husband." It has been submitted by learned counsel for the petitioners that petitioner no.1 and petitioner no.2 are both major, who on their own volition and free will have got married with each other as per Hindu rites and rituals on 22.09.2023 at Goddes Maa Varahi Mandir situated at Mukundpur, District Gonda. They are being harassed by the opposite parties/the police authorities. 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. This writ petition is disposed of with a direction to the petitioners that in case they are being threatened by their family members, they may file an application under Section 154(2) and 154(3) of the Cr.P.C. before the Police Station/Superintendent of Police concerned, or to move an application under Section 156 (3) before the Magistrate concerned and or file a complaint case under Section 200 of the Cr.P.C. before the authorities concerned. Order Date :- 10.10.2023 ML/- High Court of Judicature at Allahabad, Lucknow Bench