D.K. Arora, J. - (1.) 1. Heard learned counsel for the petitioners. Learned standing counsel appears for respondent nos. 1, 2 and 3. The respondent no. 4 is the father of petitioner no.1.
(2.) BY this writ petition the petitioners, claiming to be of major and of marriageable age and entered into marriage with their consent, have prayed for directions to the respondents as well as their relatives arrayed as private respondent and the police not to take any action against the petitioners. They have further prayed that the police should not arrest them during the pendency of the writ petition. Paragraphs 8, 9 and 12 of the writ petition, allegedly giving cause of action to the petitioners, are quoted as below:- "8. That both the husband and wife were peacefully passing their familiar life but respondent no.4 (father of the petitioner no. 1) came to the house of Ravi Srivastava (petitioner no.2) and started to threaten both the petitioners and warned both of them that he should take legal steps against both the petitioners and will also lodge the F.I.R against the petitioner no.2. 9. That when this threatening was giving to both the petitioners they fell scared and ran away from their house and now they both are residing in the house of uncle of the petitioner no.2. 12. That the life of petitioner no. 1 and 2 had been spoiled by the respondent no. 4 as he had threatened both the petitioners that he would lodge an F.I.R against petitioner no. 2 and for the same reason both the petitioners are living with mental and physical pain." The petitioners have relied upon Lata Singh vs. State of UP AIR 2006 SC 2522 in support of their submission, that there is no law prohibiting inter-caste marriage or marriage between the boy and the girl of a different religions. At best the family may socially avoid them, but that they cannot be subjected to harassment, torture and intervention in their life by police.
(3.) IN Lata Singh's case a first information report was lodged against the boy and the girl and that the brothers of Lata Singh had beaten up all the family members, cut away the crops and locked the boy's shop. Lata Singh had appeared before the State Women Commission in Rajasthan and had also recorded her statement before the Magistrate. The Supreme Court had, in such circumstances, quashed the prosecution and had directed that the parents of the boy and the girl and the police shall not interfere in their married life. If the petitioners are of marriageable age and have married with their consent, there is no reason as to why the police would register a criminal case and to prosecute them.;