Smt. Priya Devi and Another vs State of U.P. and 7 Others

Neutral Citation No. - 2025:AHC:129847

Court No. - 77

Case :- WRIT - C No. - 19369 of 2025

Petitioner :- Smt. Priya Devi And Another Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Maneesh Kumar Counsel for Respondent :- C.S.C.

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Hon'ble Saurabh Srivastava,J.

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

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By 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.

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Learned 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 11.04.2025 and they have also applied online on dated 12.04.2025 seeking registration of their marriage, and for that they are being threatened and harassed by respondent nos.5 to 8 with the collusion of local police. Learned counsel for petitioners further submitted that in pursuance of the hindrances being created by respondent nos. 5 to 8 petitioners moved a representation before Superintendent of Police, Chitrakoot but no heed has been paid, hence this petition.

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Per 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 registered 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 against respondent no.4 in pursuance of the threats which are being given by respondent no.4 to the petitioners.

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A precise query has been made before learned counsel for petitioners that whether any application under Section 175(3)

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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.

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After 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.

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Police Authorities are directed not to harass the petitioners in lieu of solemnization of marriage between the petitioner nos.1 and 2, it is objected by learned Standing Counsel that this is the second writ petition for same cause of action but at the same time after perusal of order in the earlier writ petition that liberty was extended in favour of the petitioners to seek protection, if required from the competent authority but at this stage it is very specific stand taken by the petitioners that they are being harassed by the Police Authorities themselves and as such cause of action arises in favour of the petitioners for preferring protection from Police itself by way of seeking specific direction.

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In view thereof, it is evident from instructions received by the learned Standing Counsel that there is no FIR registered against the petitioners and as such no specific FIR related to solemnization of marriage of petitioner nos. 1 and 2.

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In view thereof, the present petition stands disposed of and Superintendent of Police Chitrakoot is directed to issue a suitable direction to all their subordinates concerning to Police Station Mau, District Chitrakoot, not to harass the petitioners in view of solemnization of their marriage.

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Learned Standing Counsel shall intimate this order to Superintendent of Police, Chitrakoot for necessary compliance.

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Order Date :- 28.7.2025 Akram

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Digitally signed by :- RAKESH SINGH High Court of Judicature at Allahabad

Smt. Priya Devi and Another v. State of U.P. and 7 Others

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Smt. Priya Devi and Another v. State of U.P. and 7 Others

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