Madhya Pradesh High Court
Aman Dwivedi vs The State Of Madhya Pradesh on 8 August, 2025
Author: Vishal Mishra
Bench: Vishal Mishra
NEUTRAL CITATION NO. 2025:MPHC-JBP:37791
1 WP-31116-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VISHAL MISHRA
ON THE 8 th OF AUGUST, 2025
WRIT PETITION No. 31116 of 2025
AMAN DWIVEDI AND OTHERS
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Amareshwar Pathak - Advocate for petitioner.
Shri A.S. Baghel - Government Advocate for respondents/State.
ORDER
This petition has been filed seeking the following reliefs:
"(i) This Hon'ble Court may kindly be pleased to issue a writ in the nature of mandamus
directing the respondent police authorities concerned may provide safety of life and liberty
to the petitioners;
(ii) This Hon'ble Court may kindly be pleased to issue a writ in the nature of mandamus
directing the, respondent police authorities or concerned police authorities may also kindly
be restrained from taking any unconstitutional, illegal or unauthorized action against the
petitioners.
(iii) This Hon'ble Court may kindly be pleased to issue a writ in the nature of mandamus
directing the Station House Officer, City Kotwali, Rewa, not to take any coercive action
against petitioner no. 1 in connection with the missing person complaint lodged in respect
of petitioner no. 2, as she is a major and has voluntarily entered into marriage with
petitioner no. 1 of her own free will.
(iv) Any other suitable relief deemed fit in the facts and circumstances of the case may also
kindly be granted together with the cost of this petition."
It is the case of the petitioners that they are major and solemnized marriage
on their own free will on 19.07.2025 at Arya Samaj Sanatan Seva Samiti,
Allahabad owing to love and affection. A Vivah Sankalp Patra was issued by the
Arya Samaj Sanatan Seva Samiti to them. Photographs pertaining to marriage
ceremony are filed along with the petition. They have also produced the
documents i.e. High School Marksheets to point out that the petitioner No.1 is
NEUTRAL CITATION NO. 2025:MPHC-JBP:37791
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aged about 22 years and the petitioner No.2 is aged about 23 years. Now, they are
subject to serious threats and harassment by the family members of the petitioner
No.2 along with other members of the community who are opposed to inter-
religion marriages. The said individuals have allegedly attempted to initiate false
criminal proceedings against the petitioners and they have also issued grave treats
of physical harm including threats to falsely implicate the petitioner No.1 or
eliminate him on account of his religious identity as he belongs to Hindu
community. Therefore, they submitted a written complaint on 31.07.2025 to the
concerned police authorities, but of no consequence. They are seeking protection
or action in view of imminent danger to their life. He has placed reliance upon a
judgment of the Hon'ble Supreme Court in the case of Lata Singh vs. State of U.P.
reported in (2006) 5 SCC 475 and Sakti Vahini vs. Union of India reported in
(2018) 7 SCC 192.
Counsel appearing for the State has submitted that the complaint made by
the petitioners has been acted upon and an FIR has been registered at Crime No.
717 of 2025 for offence under Sections 296 & 351(2) of the Bhartiya Nyay
Sanhita, 2023 against Rameez Khan and Sameer @ Golu Khan. As far as direction
seeking protection is concerned, it is contended that the petitioners should
approach the Superintendent of Police or concerning police authorities with all the
relevant documents pertaining to their age, marriage etc. and to apprise the
authorities regarding the fact that they have already solemnized marriage on their
own free will. The petitioners instead of approaching the Superintendent of Police
have filed this petition seeking protection. It is contended that if the petitioners
approach the Superintendent of Police with all the relevant documents, the
complaint or apprehension raised by the petitioners will be taken note by the
police authorities and if required, protection will be provided to them.
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Heard learned counsel for the parties and perused the record.
From the perusal of the record, it is seen that the petitioners appears to be
major and they have solemnized marriage. As they belong to different religions,
there is a threat and harassment being caused by the family members and
threatening has also been given to them to face dire consequences. An FIR has
already been registered against two persons on the complaint made by the
petitioners.
As far as relief of protection being granted to them is concerned, it is
suffice to observe that the petitioners are required to approach the respondent Nos.
2 or 3 along with all the relevant documents relating to their age and marriage. The
respondent Nos.2 and 3 are expected to look into the grievances raised by the
petitioners and if required, to provide protection to them. It is for the petitioners to
approach the authorities and apprise them regarding their age, and factum of
marriage. Therefore, if the petitioners approach the respondent Nos. 2 or 3 along
with all relevant documents within a period of seven days from the date of receipt
of a copy of this order, then the respondent Nos. 2 & 3 are directed to dwell upon
the same, redress the grievances of the petitioners and if required, provide
protection to the petitioners.
With the aforesaid observations, the writ petition stands disposed off.
(VISHAL MISHRA)
JUDGE
sj
