Divyansh Kumar and Another Vs State of U.P. and 3 Others — Allahabad HC (2025) — LawSathi Research

Divyansh Kumar and Another Vs State of U.P. and 3 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of with liberty to the petitioners to approach the concerned police authorities by preferring a specific application for lodging FIR against any illegal conduct of the private respondent (respondent no. 4); Superintendent of Police, Farrukhabad 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 Superintendent of Police, Farrukhabad forthwith.

Issue for consideration

Whether a writ of mandamus should issue directing the respondents not to interfere with the petitioners' peaceful marital life, where the petitioners had not preferred an application under Section 175(3) BNSS seeking a direction to the police to lodge an FIR against respondent no. 4.

Court's answer

Since no specific application in the shape of information had been preferred before the concerned police authorities for lodging any FIR against the private respondent, and the petition contained no averment that any case had been instituted under Section 175(3) BNSS, the writ petition is disposed of with liberty to the petitioners to approach the concerned police authorities by way of a specific application for lodging FIR against any illegal conduct of the private respondent.

Ratio / Principle

The Superintendent of Police, Farrukhabad is directed to ensure that the petitioners are not harassed by the local police in connection with the marriage solemnized by them.

Key takeaways

The Court recorded as an operative observation that there was no specific averment in the petition that any case had been instituted in pursuance to Section 175(3) of BNSS, which formed the basis for disposing of the petition with liberty instead of granting the mandamus sought.ratio¶12

Detailed headnote1 paragraphs

Writ petition (WRIT - C No. 25501 of 2025, High Court of Judicature at Allahabad, Saurabh Srivastava, J.) seeking a mandamus that the respondents not interfere with the petitioners' peaceful marital life. Petitioners, stated to be major, solemnized marriage on 05.05.2025 and applied online on 29.05.2025 for its registration; they alleged threats and harassment by respondent no. 4 with the collusion of local police, and a representation to the Superintendent of Police, Farrukhabad went unheeded. The State pointed out the remedy of an application under Section 175(3) BNSS for a direction to police to lodge an FIR; counsel for the petitioners conceded no such application had ever been preferred. Held: noting the absence of any specific application/information before the police and no averment of any case instituted under Section 175(3) BNSS, the petition was disposed of with liberty to the petitioners to move the concerned police authorities with a specific application for lodging FIR against any illegal conduct of the private respondent. The Superintendent of Police, Farrukhabad was directed to ensure the petitioners are not harassed by local police in connection with the marriage, and Learned Standing Counsel was to intimate the order to the SP forthwith.

Neutral Citation No. - 2025:AHC:135986

Court No. - 77

Case :- WRIT - C No. - 25501 of 2025

Petitioner :- Divyansh Kumar And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ankit Kumar Pal,Shad Azam 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.

It is the case of the petitioners that they have already solemnized marriage on dated 05.05.2025 and they have also applied online on dated 29.05.2025 seeking registration of their marriage 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 Superintendent of Police, Farrukhabad 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 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.

Superintendent of Police, Farrukhabad 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 Superintendent of Police, Farrukhabad forthwith.

Order Date :- 11.8.2025 Rakesh

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