Allahabad High Court

Zara Jafar Khan & Anr. v. State of U.P. thru. Prin. Secy. Home Lko. & Ors.

CRLP/6090/2026

Decision date
2026-06-23
Text availability
Full text
Judges
Pankaj Bhatia, Amitabh Kumar Rai

Source: Indian High Court Judgments, AWS Open Data (CC BY 4.0) ↗

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Judgment text

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 6090 of 2026 Zara Jafar Khan And Another .....Petitioner(s) Versus State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others .....Respondent(s) Counsel for Petitioner(s) : Suresh Kumar Upadhyay, Richa Sharma Counsel for Respondent(s) : G.A. Court No. - 2 HON'BLE PANKAJ BHATIA, J. HON'BLE AMITABH KUMAR RAI, J. 1. Heard learned counsel for the petitioners and learned A.G.A. for the State. 2. In view of the order proposed to be passed, notice to respondent no.4 is dispensed with. 3. By means of this writ petition, petitioners have prayed for issuance of mandamus commanding the opposite parties not to harass the petitioners and interfere in their peaceful married life. 4. It is stated by learned counsel for the petitioners that both the petitioners are major and have married with each other by their own free will on 16.06.2026 as per Muslim rites. In this regard, Nikahnama dated 16.6.2026 as well as proof of their age certificates, are annexed as Annexure Nos.1, 2 and 3 respectively to the writ petition. They are enjoying and living peaceful matrimonial life. There is no first information report lodged against the petitioners till date.

5. However, opposite party no.4 being annoyed with their marriage, is creating hindrance in order to disturb their matrimonial life with the help of police authority of concerned police station. So, they have approached this Court, for redressal of their grievances, by filing the present writ petition. 6. Learned counsel for the petitioners has relied upon the law laid down in CRLP No. 6090 of 2026 2 paragraph 17 of Lata Singh Vs. State of U.P. and another, 2006 (5) SCC 475 which reads as under:- "17..... 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 women or man who is a major, the couple is not harassed by anyone nor subjected to threats or acts of violence, and anyone 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." 7. Considering the fact that the petitioners are major and have solemnsed marriage, the present petition is disposed of directing the petitioners to approach the respondent No.2 , who shall ensure that the life and liberty of the petitioners is not affected by anyone including respondent No. 4. (Amitabh Kumar Rai,J.) (Pankaj Bhatia,J.) June 23, 2026 PS Digitally signed by :- POOJA SETH

High Court of Judicature at Allahabad, Lucknow Bench