Sapna Devi and Another v. State of U.P. Thru. Secy. Deptt. of Home Civil Sectt. Lko and Others

Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 9661 of 2023 Petitioner :- Sapna Devi And Another Respondent :- State Of U.P. Thru. Secy. Deptt. Of Home Civil Sectt. Lko And Others Counsel for Petitioner :- Dhananjay Trivedi 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). A Writ order or direction in the nature of mandamus thereby commanding to the opposite parties especially to the police authorities not harass petitioners in any manner and not to adopt any coercive process against the petitioners on the basis of valid marriage and not to create any hindrance in their married life.

(b). a Writ order or direction in the nature of mandamus thereby commanding to the opposite parties especially to the police authorities not to harass petitioners under the threat of their arrest until and unless there is any criminal case registered against them." 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 04.12.2023. 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. However, it is made clear that by passing this order, this Court is not validating the marriage of the petitioners. Order Date :- 20.12.2023 ML/- High Court of Judicature at Allahabad, Lucknow Bench