Mishra Suhani and Another v. State of U.P. Thru. Secy. Home Deptt. and Others

Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 8450 of 2023 Petitioner :- Mishra Suhani And Another Respondent :- State Of U.P. Thru. Secy. Home Deptt. And Others Counsel for Petitioner :- Manish Srivastava Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Narendra Kumar Johari,J.

¶1Heard learned counsel for the petitioners and learned A.G.A. for the State.

¶2This petition has been filed with the following main prayer:- "Issue a writ order or direction in the nature of mandamus commanding the opposite parties not to harass the Petitioners when there is no criminal proceeding against the Petitioners yet."

¶3It 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 to each other in accordance with Hindu rites and rituals, but the family members of petitioner no.1 are unhappy to such marriage. They are being harassed by the opposite party no.4, who is the father of the petitioner no.1. They therefore pray 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.

¶4It has been further submitted by learned counsel for the petitioners that both the petitioners have got married at Arya Samaj Temple Kamta, Chinhat, Lucknow. A copy of the certificate issued on 19.10.2023 by the said temple has been filed as annexure-1 to the petition.

¶5Learned A.G.A. has pointed out that from the annexures to the writ petition, it is evident that petitioner no.2 - Sharma Shivam was born on

16.10.2005. He is only 19 years of age and not of a legal marriageable age of 21 years as prescribed under the Act.

¶6At this juncture, learned counsel for the petitioners prays that he may be permitted to not press this petition.

¶7Accordingly, this petition is dismissed as withdrawn. Order Date :- 2.11.2023 Rahul High Court of Judicature at Allahabad, Lucknow Bench