Disposed

Smt. Salouni and Another v. State of U.P. and 3 Others

Allahabad HC26 Jun 2023WRIC/15746/2023

Case brief

AI extract

What is this about?

This High Court disposed of a writ petition filed by two major married individuals facing harassment and threats from an outsider. The Court granted directions to the Superintendent of Police to consider their grievance and ensure the petitioners' safety and peaceful living.

What did the court decide?

Direction to Senior Superintendent of Police, District Budaun to consider petitioners' representation and ensure no one extends threats to them.

Smt. Salouni and Another Vs State of U.P. and 3… — Service and Employment | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:128750

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Court No. - 80

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Case :- WRIT - C No. - 15746 of 2023

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Petitioner :- Smt. Salouni And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Hausila Prasad Counsel for Respondent :- C.S.C

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Hon'ble Manjive Shukla,J.

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Supplementary-Affidavit has been filed by learned counsel for the petitioners and the same is taken on record.

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Heard learned counsel for the petitioners, learned Standing Counsel appearing for Respondents No. 1, 2 and 3 and perused the record.

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In view of the proposed order, notice to private Respondent No. 4 is dispensed with.

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Petitioners in their Writ Petition have stated that Petitioner No. 1 has already attained the age of majority and as per Aadhaar, her date of birth is 05.04.2003. It has further been stated that Petitioner No. 2 has also attained the age of majority and his date of birth as per Aadhaar is 01.01.1995.

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Petitioners in their Writ Petition have averred that though they have married each other but Respondent No. 4 is not happy with their marriage and, therefore, he is creating all sort of difficulties in peaceful living of the petitioners. Petitioners have further stated in the writ petition that Respondent No. 4 is also extending threats to the petitioners. Petitioners in their Writ Petition have also categorically stated that as per their best knowledge, till date, no criminal case has been lodged against them.

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Learned counsel appearing for the petitioners has vehemently argued that once the petitioners are major, they have every right to marry and to live their life peacefully.

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Learned counsel for the petitioners has also argued that State Respondents are under obligation to ensure safety and security of the petitioners and are also under obligation to ensure an atmosphere in which they can live their married life peacefully.

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Learned counsel for the petitioners has next argued that since threats were extended by Respondent No. 4, therefore in the said circumstances, petitioners have already submitted representation to Superintendent of Police, District Budaun on 02.05.2023 but police is not co-operating with them.

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I have considered the submissions advanced by learned counsel appearing for the petitioners.

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From the averments made in the Writ Petition, prima-facie, it appears that both the petitioners are major and they have married.

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In the aforesaid circumstances, petitioners are permitted to make a representation to Senior Superintendent of Police, District Budaun annexing therewith the copy of present Writ Petition within ten days from today.

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In view of the aforesaid reasons, this Writ Petition is finally disposed of with a direction to Senior Superintendent of Police, District Budaun to consider the grievance of the petitioners and if averments made in the writ petition are found to be true then Senior Superintendent of Police, District Budaun is also directed to ensure that nobody could extend threat to petitioners and they can live their life peacefully.

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Order Date :- 26.6.2023 A. Mandhani

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Digitally signed by :- ABHISHEK MANDHANI High Court of Judicature at Allahabad

Smt. Salouni and Another v. State of U.P. and 3 Others

Case brief

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Smt. Salouni and Another v. State of U.P. and 3 Others

Case brief

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