Smt. Pooja and Another vs State of U.P. and 3 Others — Allahabad HC (2025) — LawSathi Research

Smt. Pooja and Another vs State of U.P. and 3 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petition disposed of with liberty to the petitioners to approach the concerned police authorities by way of preferring a specific application for lodging FIR against respondent no.4; Senior Superintendent of Police, Badaun directed to ensure the petitioners are not harassed by local police in connection with their marriage; Learned Standing Counsel to intimate the order to the Senior Superintendent of Police, Badaun for necessary compliance.

Issue for consideration

Whether the Court should grant a direction in the nature of mandamus directing the respondents not to interfere in the peaceful marital life of the petitioners, who allege being threatened and harassed by respondent no.4 with the collusion of local police. +1 more

Court's answer

The Senior Superintendent of Police, Badaun, was directed to ensure that the petitioners will not be harassed by the local police in connection with the marriage solemnized by them.

Ratio / Principle

Finding that no specific application in the shape of information for lodging FIR against respondent no.4 had been preferred before the concerned police authorities, and that no averment existed in the petition of any case instituted in pursuance of Section 175(3) BNSS, the Court disposed of the petition, granting the petitioners liberty to approach the concerned police authorities by preferring a specific application for lodging FIR against the illegal conduct of the private respondent.

Detailed headnote1 paragraphs

Allahabad High Court (Writ-C No. 20293 of 2025, decided 28.07.2025, Hon'ble Saurabh Srivastava, J.) disposed of a writ petition in which two major petitioners, married to each other of their own freewill according to Hindu rites and custom on 10.06.2025 (marriage also registered, photographs on record), complained of threats and harassment by respondent no.4 with the collusion of local police; their representation to the Senior Superintendent of Police, Badaun had drawn no response. Observing that no specific application in the shape of information for lodging an FIR had been lodged with police authorities and that the petition contained no averment of any proceeding instituted pursuant to Section 175(3) BNSS, the Court disposed of the petition with liberty to file such a specific application, while directing the SSP, Badaun to ensure the petitioners are not harassed by local police over their marriage, with the Standing Counsel to intimate the order for compliance.

Neutral Citation No. - 2025:AHC:129793

Court No. - 77

Case :- WRIT - C No. - 20293 of 2025

Petitioner :- Smt. Pooja And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ravi Shankar Tripathi Counsel for Respondent :- C.S.C.

Hon'ble Saurabh Srivastava,J.

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

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.

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 10.06.2025 and photographs of marriage is on record 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 Senior Superintendent of Police, Badaun but no heed has been paid, hence this petition.

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.

A 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.

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.

In 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.

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

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

Order Date :- 28.7.2025 Akram

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