Soni and Another v. State of U.P. Thru. Prin. Secy. Home, Govt. of U.P. Lucknow and Others

Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 9711 of 2023 Petitioner :- Soni And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home, Govt. Of U.P. Lucknow And Others Counsel for Petitioner :- Sajjad Husain Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Karunesh Singh Pawar,J.

¶1Supplementary affidavit filed on behalf of the petitioner, wherein the registration of marriage certificate under the U.P. Registration of Marriage Rules, 2017 has been annexed, is taken on record.

¶2Heard learned counsel for the petitioners and learned A.G.A. who appears on behalf of the State Respondents.

¶3This petition has been filed with the following main prayers:- "(i) issue a writ, order or direction in the nature of Mandamus commanding and directing to the state opposite parties more specifically to the opposite party No. 2 and 3 not to disturb the peaceful marital life of the petitioners in the interest of justice.

(ii) issue a writ, order or direction in the nature of Mandamus commanding and directing to the state opposite parties more specially to the opposite party No. 2 and 3 to ensure no illegal harassment of the petitioners as well as their family members in the interest of justice."

¶4It 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 out of their own sweet will with each other in accordance with Muslim rites and rituals on 11.12.2023, but the family members of petitioner no.1 are unhappy to such marriage. In support of his submission that petitioners no. 1 and 2 are major, learned counsel for the petitioners has drawn our attention to the annexure nos.1 and 2 to the petition, which are the copy of High School certificate/ marksheet of the petitioners, respectively and according to which the date of birth of petitioner no.1 is 14.06.1999 and that of petitioner no.2 is 03.07.1999. They are being harassed by the opposite party no.5, who is the mother 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 and the observations made in paragraph 17 which reads as under:- "17..... We, therefore, direct that the administration/police authorities throughout the country will see to it that if any boy or girl who is a major undergoes inter-caste or inter-religious marriage with a women or man who is a major, the couple is not harassed by anyone nor subjected to threats or acts of violence, and anyone who gives such threats or harasses or commits acts of violence either himself or at his instigation, is taken to task by instituting criminal proceedings by the police against such persons and further stern action is taken against such persons as provided by law."

¶5This Court has found from the perusal of judgement rendered in Lata Singh Vs. State of U.P. and another, 2006

(5) SCC 475 wherein the appellants had approached the Supreme Court against the police harassment because of F.I.R. being lodged by the brother of appellant no.1.

¶6In the case of the petitioners there is no F.I.R. lodged. The police cannot be presumed to harass the petitioners only under the influence of the private respondent no.6. The action of Police is governed by the provision of Code of Criminal Procedure, 1973. Particularly, Chapter XII of the Code makes provision for information to Police and their power to investigate. In absence of any proof of such information regarding which the provision has been made under Section 154 and 155 of the Cr.P.C., it will not be justified to grant a blanket protection to the petitioners as prayed.

¶7This writ petition is disposed of with a direction to the petitioners that in case they are threatened by their family members they may file an application under Section 154(2) or 154(3) of the Cr.P.C. before the Police Station/Superintendent of Police concerned, or to move an application under Section 156 (3) of the Cr.P.C. before the Magistrate concerned and or file a complaint case under Section 200 of the Cr.P.C. before the authorities concerned. Order Date :- 21.12.2023 Arnima High Court of Judicature at Allahabad, Lucknow Bench