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Allahabad High Court

AMAN MINORversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The FIR cannot be quashed and must be investigated by the police.

Summary

The petitioner, a 17‑year‑old minor, filed a criminal miscellaneous writ petition seeking quashment of the FIR alleging that he had taken away the prosecutrix, also a minor, by blandishment and attempted to molest her. The FIR described that the prosecutrix was taken away almost by force and that the petitioner attempted to molest and ravish her. The Court examined whether the FIR, given the seriousness of the allegations, could be quashed. It held that the nature of the allegations warranted a thorough police investigation and that the petition did not merit interference with the FIR. Consequently, the petition was dismissed.

Issues considered

  • Whether the FIR can be quashed on the ground of alleged insufficiency of material facts
  • Whether the Court has jurisdiction to entertain a petition for quashment of an FIR in a case involving alleged molestation of a minor

Subjects

  • Criminal Procedure Code
  • FIR
  • quashment
  • minor
  • molestation
  • jurisdiction
  • writ petition

Judgment

                                                   HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                      CRIMINAL MISC. WRIT PETITION No. - 10398 of 2026

                                    Aman (Minor)
                                                                                                       .....Petitioner(s)
                                                                           Versus

                                    State of U.P. and others
                                                                                                     .....Respondent(s)

                                    Counsel for Petitioner(s)            : Sanjay    Kumar         Singh,   Sheelendra
                                                                           Kumar
                                    Counsel for Respondent(s)            : G.A.

                                    Court No. - 47

                                                                  HON'BLE J.J. MUNIR, J.
                                                                  HON'BLE TARUN SAXENA, J.

                                    1.      Heard Mr. Sheelendra Kumar, learned Counsel for the petitioner and

                                    Mr. Ghanshyam Kumar, learned Additonal Government Advocate-I on
                                    behalf of the State.

                                    2.       The petitioner himself is a minor, aged 17 years and he took away

                                    the prosecutrix, also a minor according to the First Information Report

                                    ('FIR' for short) lodged by the informant, by blandishment. A reading of

                                    the prosecutrix's statement shows that the prosecutrix was taken away

                                    almost by force and the petitioner attempted to molest and ravish her.

                                    3.      Looking to the nature of the allegations, we do not find that it is to be

                                    a fit case, where, we ought exercise our jurisdiction to quash the

                                    impugned FIR. The matter is required to be thoroughly investigated by

                                    the Police.

                                    4.      In the result, this petition fails and is dismissed.


                                                                                (Tarun Saxena,J.) (J.J. Munir,J.)
                                    May 7, 2026
                                    I. Batabyal/S.K. Srivastava




Digitally signed by :-
ISHAN BATABYAL
High Court of Judicature at Allahabad


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