Smt Akansha Tyagi And Another vs State Of U P And Others

Court No. - 26

Case :- WRIT - C No. - 51902 of 2017

Petitioner :- Smt. Akansha Tyagi And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Om Narayan Pandey Counsel for Respondent :- C.S.C.

Hon'ble Mrs. Sangeeta Chandra,J.

Present petition has been filed praying for a mandamus to the respondents not to interfere the petitioners in their peaceful married life. The petitioners are both major and they married out of their own freewill, but the family of the petitioners is opposing the said marriage.

Learned counsel for the petitioners has placed reliance upon the judgment of this Court in Smt. Pooja and another vs State of U.P. and others 2013 (6) ADJ 225.

In Lata Singh vs. State of U.P., 2006 Cr.L.J. 3312, while dealing with a case of harassment by the parents of the boy and girl, who had entered into inter-caste marriage, Hon'ble Supreme Court has issued directions to the Administration / Police authorities throughout the country in the following terms:-

"This is a free and democratic country, and once a person becomes a major he or she can marry whosoever he/she likes. If the parents of the boy or girl do not approve of such inter-caste or inter-religious marriage the maximum they can do is that they can cut off social relations with the son or the daughter, but they cannot give threats or commit or instigate acts of violence and cannot harass the person who undergoes such inter-caste or inter- religious marriage. We, therefore, direct that the administration/police authorities throughout the country will see to it that if any boy or girl who is a major undergoes inter-caste or inter-religious marriage with a woman or man who is a major, the couple are not harassed by any one nor subjected to threats or acts of violence, and any one who gives such threats or harasses or commits acts of violence either himself or at his instigation, is taken to task by instituting criminal proceedings by the police against such persons and further stern action is taken against such persons as provided by law."

It has been informed by learned standing counsel that he has received instructions from the Police Authorities that an FIR has already been lodged against the petitioners in Case Crime No. 2551 of 2017 under Section 364 IPC, Police Station Rauza, District Shahjahanpur by the father of the petitioner. In this view of the matter no case for interference is made out. The writ petition is dismissed.

However, it will be open for the petitioners to approach competent court of criminal jurisdiction, if so advised, to avail appropriate remedy available to them under law.

Order Date :- 6.11.2017 Arif