Nidhi Devi and Another v. State of U.P. Thru. Secy. Home Deptt. Lko. and Others

Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 9171 of 2023 Petitioner :- Nidhi Devi And Another Respondent :- State Of U.P. Thru. Secy. Home Deptt. Lko. And Others Counsel for Petitioner :- Arvind Kumar Verma 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:- "(a). Issue a writ, order or direction in the nature of mandamus commanding to opposite parties not to harass the petitioners at the behest of opposite party No.4 and also to take stern action against the opposite party No.4 and to provide special protection to the petitioners in order to ensure their peaceful matrimonial life in accordance with law, in the interest of justice." 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 24.11.2023. They are being harassed at the behest of 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 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. However, it is made clear that by passing this order, this Court is not validating the marriage of the petitioners. Order Date :- 2.12.2023 ML/- High Court of Judicature at Allahabad, Lucknow Bench