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2023 Supreme(All) 746

IN THE HIGH COURT OF ALLAHABAD
SANGEETA CHANDRA, NARENDRA KUMAR JOHARI, JJ.
Kiran Rawat And Another - Petitioners
Versus
State Of U.P. Thru. Secy. Home, Lko. And Others - Respondents
Criminal MISC. Writ Petition No. 3310 of 2023
Decided On : 28-04-2023

Advocates Appeared:
For the Petitioner: Jalaj Kumar Gupta.

Headnote:

Constitution of India, 1949 - Article 19, 21 - Indian Penal Code, 1860 - Sections 499, 500, 509, 153, and 292 - Criminal Procedure Code, 1973 - Section 125, 154, 200, 482, 199 - Representation of Women (Prohibition) Act 1986 - Sections 4 and 6 - Domestic Violence Act 2005 - Section 2 - Special Marriage Act, 1954 - Muslim Women (Protection of Rights on Divorce) Act 1986 - Seeking quashing of such proceedings - Word, gesture or act intended to insult the modesty of a woman - Held, Writ jurisdiction of High Court appears to be a circuitous way to get seal and signature of High Court upon their conduct without any verification of their age necessary aspects required to be done by appropriate authority - Court believe that it is a social problem which can be uprooted socially intervention of Writ Court in garb of violation unless harassment is established beyond doubt real grievance of a live-in couple against their parents or relatives who are allegedly interfering with their live-in status which goes to such an extent that there is a threat of life liberty to lodge an F.I.R - Writ petition dismissed.

JUDGMENT :

1. Heard Shri Jalaj Kumar Gupta, learned counsel for the petitioners, Shri Arun Kumar Pandey, learned A.G.A. for the State/respondents Nos.1 to 3 and perused the record.

2. The writ petitioners have come before this Court praying for a writ in the nature of mandamus to be issued to the respondents not to disturb the peaceful living of the petitioners.

3. The petition has only fourteen paragraphs.

4. The relevant facts are stated in paragraphs 4 to 10, which are being quoted herein below:—

    "4. That it is submitted that the petitioners due to their love and affection towards each other decided to live in live-in-relationship.

5. That it is relevant to point out here that the petitioner No.1 is aged about 29 years and the petitioner No.2 is aged about 30 years being major in age, living with each other due to their prolonged love and affection. A copy of Birth certificate issued by Nagar Nigam, Lucknow, showing the age of the petitioners are being annexed herewith as Annexure No.1.

6. That it is submitted that as per information of the petitioners no F.I.R. has been lodged against them.

7. That the local Police is harassing the petitioner No. 2 and his family members as the petitioner No.1 is living with the petitioner No.2 in live-in-relation.

8. That it is submitted that the petitioners are presently living at a rental house in Trivedi Nagar area which comes under the territorial jurisdiction of Police Station- Hasanganj, Lucknow.

9. That it is submitted that no one can make any hindrance in the personal life and liberty of the petitioners but the police on behest of opp. party no. 4 harassing the petitioners as they both belong to different religion but being major living together in live-in-relationship.

10. That it is submitted that the case of the petitioners is squarely covered with the case of Lata Singh Versus State of U.P. & another, AIR 2006 SC 2522."

5. In short, it has been stated that the petitioner no.1 Kiran Rawat is major and is a Hindu and the petitioner no.2 Mohammed Rizwan is also major and a Muslim by faith. They love each other and have started living together. The mother of the petitioner no.1, however, is unhappy with this relationship and has approached the Police, who constantly harass the petitioners and disturb their peaceful life. That, the petitioners wish to marry in the near future is not stated in the writ petition. It has also not been stated for how long the petitioners have enjoyed this live-in-relationship. The petitioners have not stated their current marital status. They have also not stated anywhere in the writ petition any specific instance of the police coming and knocking their doors or taking them to the police station. There is no averment in the writ petition regarding their neighbours and the society in general recognizing them as enjoying a relationship in the nature of marriage.

6. Petitioners have come up to this court with a mere allegation, which has not been substantiated by any specific pleading and have prayed that this court should issue a mandamus to the police not to harass them.

7. After carefully going through the pleadings, this court finds that the writ petition is supported by the affidavit of the petitioner no.1 stating herself to be major and in support of her claim filing a copy of her Aadhaar Card. Mohammed Rizwan, the petitioner no.2 has not filed any Affidavit. It has not been stated by Mohammed Rizwan that he is major and otherwise competent to marry the petitioner no.1. In the array of the petitioners, they have mentioned two different addresses. No details of common current address has been disclosed in the writ petition except for stating that the petitioners are living in a rented accommodation at Trivedi Nagar under Police Station Hasan Ganj, Lucknow. The petitioners claim benefit of judgement rendered by the Hon'ble Supreme Court in the case of Lata Singh versus state of UP and another, 2006 (5) SCC 475, where the Supreme Court observed as follow

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