Rabiya and Another v. State of U.P. Thru. Prin. Secy. Home U.P. Lko. and Others

Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 8664 of 2023 Petitioner :- Rabiya And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And Others Counsel for Petitioner :- Manoj Kumar Singh 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, order or direction in the nature of mandamus commanding the opposite party no.1 to 3 to not to harass and interfere in the peaceful marital life of the petitioners, and

(ii). issue a writ, order or direction in the nature of mandamus, commanding the opposite parties to provide protection to the petitioners as they are apprehending danger to their life from opposite party no.4 as they have performed Nikah against his wishes." 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 30.10.2023. They are being harassed by the opposite party no.4, who is the father 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

¶475This 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 :- 9.11.2023 ML/- High Court of Judicature at Allahabad, Lucknow Bench