Court No. - 58
Case :- WRIT - C No. - 15850 of 2017 Petitioner :- Smt. Kirti Kashyap And Another Respondent :- State Of U.P. And 3 Othrs.
Counsel for Petitioner :- Ajay Kumar Srivastava,Shivangi Bhargava Counsel for Respondent :- C.S.C.
Hon'ble Saumitra Dayal Singh,J.
By means of present writ petition, the petitioners have prayed for a direction to the respondents not to interfere with their peaceful married life by adopting coercive measures.
The petitioners claim to be major, and have married with their free will on 11.04.2017 and that they are living together as husband and wife since then.
Heard Sri Ajay Kumar Srivastava, learned counsel for the petitioners and Sri Salam Uddin Khan, learned Standing Counsel for the State respondents.
It is alleged that the respondent no. 4 is interfering in their peaceful married life.
Learned counsel for the petitioners prayed that this Court may issue necessary directions in view of the decision of the Supreme Court in Lata Singh Vs. State of U.P. & Anr. (2006) 5 SCC 475.
On the other hand upon instructions learned Standing Counsel states that in the present matter a F.I.R. has already been registered as Case Crime No. 167 of 2017, under Section 147, 452, 323, 504, 506, 364 IPC at Police Station Songarhi, District Pilibhit.
If such an FIR has been lodged with the police, it will be open to the petitioners to appear before the concerned Magistrate to record their statements. However, while allegation of commission of offence exists against the petitioner and the same is required to be investigated with all sincerity and taken to it's logical end, uninfluenced by any consideration, except to rationally unravel the truth, yet, it cannot be denied, in the context of our society, at many a time, in such situations, the parties involved, their friends & relatives and at times, some member of the public act in a manner & indulge in acts constituting offence.
In the aforesaid facts and circumstances, this Court is not inclined to interfere in the matter under Article 226 of Constitution of India. However, this order does not in any way dilute the obligation of the State authorities to protect the life and safety of the petitioners and to deal with their liberty strictly in accordance with law, having due regard to the observations made above.
The writ petition is disposed of with the aforesaid observations.
Order Date :- 17.4.2017 A. Singh