Arpita Singh and Anr v. State of U.P. Thru Prin.Secy. Home Lucknow and Ors

Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 9319 of 2023 Petitioner :- Arpita Singh And Anr. Respondent :- State Of U.P. Thru Prin.Secy. Home Lucknow And Ors. Counsel for Petitioner :- Ashok Kumar,Chandra Prakash 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 prayer to issue a writ, order or direction in the nature of mandamus commanding the opposite party Nos. 1 to 3 to not arrest the petitioner No.2 without lodging the F.I.R. A further prayer has been made for issuing a writ, order or direction in the nature of mandamus to pay expenses of the case or to pay compensation in favour of the petitioners, if this Court deems it fit and proper. 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 01.12.2023. They are being harassed at the behest of opposite party No.4, who is the father of the petitioner no.1. 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 :- 8.12.2023 ML/- High Court of Judicature at Allahabad, Lucknow Bench