Mahak Naz And Another vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 22802 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:55680-DB
 
Court No. - 10
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 6570 of 2023
 

 
Petitioner :- Mahak Naz And Another
 
Respondent :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko. And Others
 
Counsel for Petitioner :- Anurag Singh
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Mrs. Sangeeta Chandra,J.

Hon'ble Narendra Kumar Johari,J.

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

This petition has been filed with the following main prayer:-

"Issue a writ order or direction in the nature of Mandamus commanding and directing the opposite parties especially to the police authorities not to harass, threaten and interfere in peaceful matrimonial life of the petitioners and not to adopt coercive measures against the petitioners on the basis of valid marriage and also to not create any hindrance in their married life."

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 Muslim rites and rituals on 24.07.2023. 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 judgment rendered by Hon'ble the 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.

Order Date :- 22.8.2023

Lokesh Kumar

[Narendra Kumar Johari, J.] [Sangeeta Chandra, J.]