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High CourtsDivision Bench(2012) 01 AHC CK 0558

Guddu and Another vs State of U.P. and Others

Allahabad High Court · Decided on 23 January 2012

HON’BLE JUDGES
Rajiv Sharma, J · Ajai Lamba, J
RESULT
Disposed Off
CASE NUMBER
Misc. Bench No. 585 of 2012
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Judgment

10 paragraphs · 343 words
1.

Heard learned Counsel for the petitioners and learned Additional Government Advocate.

2.

Under challenge in this writ petition is First Information Report relating to Case Crime No. 960 of 2011, under Sections 363/366 IPC, police station Nighashan, district Lakhimpur Kheri, as contained in Annexure No. 1 to the writ petition.

3.

Counsel for the petitioners submits that as petitioner No. 1 and complainant''s daughter Km. Neelam, being major, have got married with each other against the wishes of complainantopposite party No. 4, who is the father of Km. Neelam and since then, they are enjoying their relationship but the opposite party No. 4 has lodged impugned FIR, implicating therein the petitioners illegally. He has relied upon the judgment of the Apex Court in the case of Lata Singh v. State of U.P. and another [2006 (5) ALJ 357], wherein in para-17, the Apex Court observed as under:

... In our opinion, such acts of violence or threats or harassment are wholly illegal and those who commit them must be severely punished. 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 intercaste 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....

4.

Prima facie, a case for interim relief is made out.

5.

Learned Additional Government Advocate prays for and is

accorded four weeks'' time to file counter affidavit. Rejoinderaffidavit may be filed within next two weeks.

6.

Issue notice to opposite parties No. 4 returnable at an early date.

7.

List the matter immediately after service.

8.

Till the next date of listing, the petitioners shall not be arrested inthe aforesaid case crime number. However, investigation of the case shall go on and the petitioners shall co-operate with theinvestigation.