Smt Muskan and Another vs State of… — Constitutional and Fundamental Rights | Allahabad HC (2025)

Smt Muskan and Another vs State of… — Constitutional and Fundamental Rights | Allahabad HC (2025)

What the court decided

AI extract

Outcome

None - the writ petition seeking a mandamus that the respondents not interfere in the petitioners' peaceful marital life was disposed of, with no order for police protection issued.

Issue for consideration

Whether the Court should issue a direction in the nature of mandamus directing the respondents not to interfere in the petitioners' peaceful marital life.

Court's answer

On perusal of the pleadings, the Court does not find any serious threat perception to the petitioners and, therefore, there is no requirement of passing any order for providing police protection to them.

Ratio / Principle

There is no material or reason for the Court to conclude that the petitioners' life and liberty are at peril; there is not even an iota of evidence that the private respondents (relatives of either of the petitioners) are likely to cause physical or mental assault to the petitioners.

Key takeaways

In a deserving case the Court can provide security to the couple, but cannot lend them the support they have sought.ratio¶¶10
Courts and police authorities are there to come to the couple's rescue if any person misbehaves or manhandles them, but they cannot claim security as a matter of course or right without any serious threat.ratio¶¶11
The petitioners had already moved a representation before the Superintendent of Police/Senior Superintendent of Police, Moradabad; in case the concerned police finds a real threat perception, they will do the needful in accordance with law.

Detailed headnote1 paragraphs

WRIT - C No. 4275 of 2025, High Court of Judicature at Allahabad (Court No. 74), Saurabh Srivastava, J., decided 19.5.2025 (Neutral Citation 2025:AHC:84173). Petitioners, a couple, sought a direction in the nature of mandamus that the respondents not interfere in their peaceful marital life. On perusal of the pleadings the Court found no serious threat perception and 'not even an iota of evidence' that the private respondents (relatives of either petitioner) were likely to cause physical or mental assault. The Court held that while security can be provided in a deserving case, it cannot be claimed as a matter of course or right without serious threat, the Courts and police authorities being available for rescue if any person misbehaves or manhandles them. It noted the petitioners' pending representation before the SP/SSP, Moradabad, with the police to act in accordance with law if a real threat perception is found, and observed the absence of any specific FIR application or averment of a case instituted under Section 175(3) of BNSS. Petition disposed of.

Neutral Citation No. - 2025:AHC:84173

Court No. - 74

Case :- WRIT - C No. - 4275 of 2025

Petitioner :- Smt Muskan And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Pankaj Sharma,Prashant Sharma Counsel for Respondent :- C.S.C.

Hon'ble Saurabh Srivastava,J.

Heard learned counsel for petitioners and learned Additional Chief 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.

Upon perusal of the pleadings, this Court does not find any serious threat perception to the petitioners and, therefore, there is no requirement of passing any order for providing police protection to them.

There is no material or reason for this Court to conclude that the petitioners' life and liberty are at peril. There is not even an iota of evidence to evince that private respondents (relatives of either of the petitioners) are likely to cause physical or mental assault to the petitioners.

In a deserving case, the Court can provide security to the couple, but cannot lend them the support they have sought.

If any person misbehaves or manhandles them, the Courts and police authorities are there to come to their rescue, but they cannot claim security as a matter of course or right without any serious threat.

Needless to observe that petitioners have already moved a representation before the Superintendent of Police/Senior Superintendent of Police, Moradabad and in case the concerned police finds a real threat perception, they will do the needful in accordance with law.

It is also 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 respondents, 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, no case made out for seeking indulgence of the Court over the prayer as made in the petition, hence, the same is hereby disposed of.

Order Date :- 19.5.2025 #Vik/-

Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad