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

Parveen 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 preferring a specific application for lodging FIR against any illegal conduct of the private respondent; Commissioner of Police, Commissionerate Prayagraj directed to ensure the petitioners are not harassed by local police in connection with their marriage; Additional Chief Standing Counsel to intimate the order for compliance.

Issue for consideration

Whether a writ of mandamus should be issued directing the respondents not to interfere with the peaceful marital life of the petitioners, who allege threats and harassment by respondent no.4 with the collusion of local police despite having married as majors. +1 more

Court's answer

Since no specific application in the shape of information had been preferred before the concerned police authorities for lodging any FIR and the petition contained no averment of any case instituted under Section 175(3) BNSS, the writ petition is 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.

Ratio / Principle

The Commissioner of Police, Commissionerate Prayagraj is directed to ensure that the petitioners are not harassed by the local police in connection with the marriage solemnized by them, and the learned Additional Chief Standing Counsel is to intimate this order to the Commissioner of Police for necessary compliance.

Key takeaways

The Court found as a fact that no specific application in the shape of information had been preferred before the concerned police authorities for lodging any FIR against any illegal conduct of the private respondent.ratio¶12

Detailed headnote1 paragraphs

Allahabad High Court (Saurabh Srivastava, J.; Neutral Citation 2025:AHC:88424; order dated 23.5.2025) disposed of a writ petition (WRIT - C No. 6765 of 2025) in which a couple alleged that, though both were majors and had solemnized marriage of their own freewill according to Muslim rites and custom on 15.01.2025 (with an online application for registration made on 20.02.2025), they were being threatened and harassed by respondent no.4 with the collusion of local police, and sought a mandamus directing the respondents not to interfere with their peaceful marital life. Observing that no specific application in the shape of information had been preferred before the police for lodging any FIR and that the petition contained no averment of any case instituted under Section 175(3) BNSS, the Court disposed of the petition with liberty to the petitioners to approach the concerned police authorities through a specific application for lodging FIR against any illegal conduct of the private respondent. The Court additionally directed the Commissioner of Police, Commissionerate Prayagraj to ensure that the petitioners are not harassed by the local police in connection with the marriage, and directed the learned Additional Chief Standing Counsel to intimate the order for necessary compliance.

Neutral Citation No. - 2025:AHC:88424

Court No. - 74

Case :- WRIT - C No. - 6765 of 2025

Petitioner :- Parveen And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Renu Devi Dohre 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.

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 Muslim Rites and Custom on 15.01.2025 and they have also applied online on dated 20.02.2025 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 Commissioner of Police, Commissionerate Prayagraj but no heed has been paid, hence this petition.

Per contra, learned Additional Chief 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.

Commissioner of Police, Commissionerate Prayagraj shall ensure that petitioners will not be harassed by local police in connection with the marriage solemnized by them.

Learned Additional Chief Standing Counsel shall intimate this order to Commissioner of Police, Commissionerate Prayagraj for necessary compliance.

Order Date :- 23.5.2025 #Vik/-

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