SP Will Be Personally Answerable To Court If Harm Caused To Petitioners: Allahabad High Court Grants Police Protection To Couple Fearing Honour Killing

The Allahabad High Court has granted police protection to a young couple who married in Arya Samaj Mandir noting that honour killing cannot be ruled out.

The Court was considering a Writ Petition filed by the Couple seeking the protection from harassment and threat they were facing.

The division bench of Justice J.J. Munir and Justice Anil Kumar Choudhary observed, "In addition to the FIR, it is averred that the petitioners face a death threat at the hands of respondent no. 4, who is the first petitioner's father and other members of the family. Given the prevalent social milieu, some kind of serious violence, even an honour killing, cannot be ruled out under such circumstances, where the informant has gone to the extent of lodging an FIR against an adult woman."

The Petitioner was represented by Advocate Abhay Pratap Singh while the Respondent was represented by the Government Advocate.

Facts of the Case

It was averred in the Petition that the Victim, aged about 23/24 years, married the Second Petitioner of her free will at the Arya Samaj Mandir, and they also filed a Joint Affidavit stating the same.

The Additional Government Advocate objected to the validity of the Marriage Certificate relied upon by the Petitioners on the strength of a Division Bench's decision in Shruti Agnihotri vs. Anand Kumar Srivastava, 2024, saying that the marriage is not valid.

Reasoning By Court

The Court noted that both the Petitioners are adults and it is their choice to stay and live with whomsoever they like.

"The social norms may dictate otherwise, but the Constitution grants them the freedom by virtue of Article 21 and the entire gamut of liberty guaranteed to an adult. It is surprising that the Police have registered an FIR and are investigating the matter, knowing well that both the first and the second petitioner are adults," the Court observed.

On the submission that the 1st Petitioner faces death threat at the hands of her father, the Court noted that the same cannot be ruled out.

The Court thus restrained the father and all his family members from harassing and contacting the Petitioners, directly or indirectly, that is to say, through social media, telephone or otherwise, or in any manner forcibly separating the couple. 

"In the event, any harm comes to the petitioners, the Senior Superintendent of Police, Bulandshahr shall be personally answerable to this Court," the Court said.

The Petition was accordingly allowed.

Cause Title: Smt Priya Solanki And Another vs. State Of U.P. And 3 Others

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