Priyanka Singh and Another v. State of U.P. Thru. Prin. Secy. Home Deptt. Govt. Lko. and Others

Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 8306 of 2023 Petitioner :- Priyanka Singh And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Govt. Lko. And Others Counsel for Petitioner :- Shubham Pal Counsel for Respondent :- G.A. Hon'ble Rajan Roy,J. Hon'ble Ajai Kumar Srivastava-I,J. Heard Shri Rahul Agnihortri, learned counsel for petitioners and learned A.G.A. for the State. By means of this writ petition the petitioners have prayed for issuance of a writ, order or direction in the nature of mandamus directing the opposite parties not to interfere in the peaceful marriage life and also restraining the opposite parties from raiding the house of the petitioners and threatening them in any manner with injury to their life and limb solely on the ground of marriage between the petitioners. The contention of the learned counsel for the petitioners is that both the petitioners no. 1 and 2 are major and they have married each other of their own volition. He has invited our attention to the High School certificate-cum-mark sheet of the petitioner no. 1 which is annexed as Annexure No. 2 to the writ petition. As the marriage was against the wishes of the family members, therefore, it is alleged that the Police is harassing them at their instance. Learned A.G.A. says that he has instructions that there is no F.I.R. against the petitioners. Considering the facts of the case, the writ petition is disposed of with the observation that if the petitioners are not wanted in any criminal case and they were of the age of majority on the date of marriage then the police shall not unnecessarily harass them. It is, however, made clear that the Court has neither entered into nor adjudicated the age of the petitioners nor the validity of their alleged marriage. . (Ajai Kumar Srivastava-I,J.) (Rajan Roy,J.) Order Date :- 28.10.2023 R.K.P. High Court of Judicature at Allahabad, Lucknow Bench