Court No. - 39
Case :- WRIT - C No. - 15545 of 2021
Petitioner :- Neha Kashyap And Anothers Respondent :- State of U.P. and Others Counsel for Petitioner :- Deepak Singh Patel
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Mrs. Sadhna Rani (Thakur),J.
The petitioners herein claim to be major and at present are in live-in-relationship. The petitioner no.1 is a widow who is aggrieved by the treatment of her father i.e. respondent no.4. The contention in the writ petition is that the respondent no.4 had brutally beaten the petitioner no.1 and forcibly trying to perform her re-marriage and as such she left her paternal home and is in live-in-relationship with the petitioner no.2 out of her free will. It is stated that the respondent no.4 had threatened the petitioners to lodge a first information report against them.
The assertion in the writ petition regarding any impending threat from respondent no.4 are vague, inasmuch as, no complaint had been filed by the petitioners before the competent authority. There is no first information report against them. Both the petitioners are major as per the statement in the writ petition and as such they have liberty to carry their lives in their own way.
In case of any illegal act of the respondent no.4, it would be open for the petitioners to lodge a complaint in the concerned police station. In case of any refusal of the competent officer to register the complaint, it would be open for them to either approach the Senior Superintendent of Police under Section 154(3) of Cr.P.C. or the competent Court by invoking provisions of Section 156(3) of the Cr.P.C.
The writ petition is, accordingly, disposed of.
Order Date :- 13.8.2021 P Kesari
Digitally signed by SUNITA AGARWAL Date: 2021.08.18 15:36:35 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Digitally signed by Sadhna Rani Thakur Date: 2021.08.18 15:39:25 IST Reason: Document Owner Location: High Court of Judicature at Allahabad