Smt. Kanika Jha and Another v. State of U.P. and 3 Others

HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 34437 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J.

¶1Heard learned counsel for petitioners and learned Standing Counsel for the State-respondents.

¶2By way of the present writ petition, a direction in the nature of mandamus directing the respondents not to interfere in peaceful marital life of petitioners, has been sought.

¶3Learned counsel for the petitioners submits that both the petitioners are major and have solemnized marriage with each other of their own freewill according to Hindu Rites and Custom on 08.09.2025 and they have also applied online on dated 22.09.2025 seeking registration of their marriage, and for that they are being threatened and harassed by respondent no.4 with the collusion of local police. Learned counsel for petitioners further submitted that in pursuance of the hindrances being created by respondent no.4, petitioners moved a representation before Superintendent of Police/Senior Superintendent of Police, Saharanpur but no heed has been paid, hence this petition.

¶4Per contra, learned Standing Counsel vehemently opposed the prayer sought through the instant petition by way of submitting that it is true that both the petitioners are major and have solemnized marriage which has also been applied for online registration, but at the same time, it has been submitted that if the concerned police authorities are not paying any heed towards the grievances of petitioners, they may approach the learned court concerned by way of filing application under Section 175(3) BNSS for seeking direction in favour of concerned police authorities for lodging FIR Versus Counsel for Petitioner(s) : Mohammed Shadan, Mohd. Aslam Counsel for Respondent(s) : C.S.C. Smt. Kanika Jha And Another .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) against respondent no.4 in pursuance of the threats which are being given by respondent no.4 to the petitioners.

¶5A precise query has been made before learned counsel for petitioners that whether any application under Section 175(3) BNSS for seeking direction in favour of concerned police authorities for lodging FIR against respondent no.4, has been preferred, in reply to the same, learned counsel for petitioners fairly contended that no such application has ever been preferred.

¶6After having the rival contentions raised by learned counsel for parties as well as perusal of the records, it is observed that no specific application in shape of information preferred before the concerned police authorities for lodging any FIR against any illegal conduct carried out by the private respondent, if that be so, and no heed has ever been paid by the concerned police authorities, there is no specific averment available in the petition that any case has been instituted in pursuance to Section 175(3) of BNSS.

¶7In view thereof, the present petition stands disposed of with liberty to the petitioners to approach the concerned police authorities by way of preferring specific application for lodging FIR against any illegal conduct carried out by the private respondent.

¶8Superintendent of Police/Senior Superintendent of Police, Saharanpur shall ensure that petitioners will not be harassed by local police in connection with the marriage solemnized by them.

¶9Learned Standing Counsel shall intimate this order to Superintendent of Police/Senior Superintendent of Police, Saharanpur for necessary compliance. September 26, 2025 Saif WRIC No. 34437 of 2025 (Saurabh Srivastava,J.) High Court of Judicature at Allahabad