Allahabad High Court
MUSTKEEM AND 5 OTHERSversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The FIR cannot be quashed as it discloses a prima facie commission of offence, and therefore no interference is warranted.
Summary
The petitioners filed a writ petition challenging the FIR dated 09-07-2026 that alleged offences under Sections 85, 115(2), 352, 351(3), 127(2) of the Bhartiya Nagrika Suraksha Sanhita, 2023 and provisions of the D.P. Act and the Muslim Women (Protection of Rights on Marriage) Act. The High Court examined the FIR and held that it disclosed a prima facie commission of offence, rendering the prayer to quash the FIR untenable, in line with Supreme Court precedents (State of Telangana v. Habib Abdullah Jellani and Neeharika Infrastructure Pvt. Ltd. v. State of Maharashtra). While refusing to set aside the FIR, the Court directed that any arrest of the petitioners must strictly follow Section 41(1)(b) and Section 41‑A of the CrPC, Sections 35(3)‑35(7) of the Bhartiya Nagrika Suraksha Sanhita, 2023, and the guidelines laid down in Arnesh Kumar v. State of Bihar and a prior 2021 judgment of this Court. The Court consequently disposed of the writ petition.
Issues considered
- Whether the FIR dated 09-07-2026 can be quashed on the ground of lack of prima facie evidence.
- Whether the High Court can interfere with the FIR despite the presence of prima facie evidence.
- What procedural safeguards must be observed if the petitioners are to be arrested under the impugned FIR.
Legislation cited
- Bhartiya Nagrika Suraksha Sanhita, 2023 — s. 35(3), 35(4), 35(5), 35(6), 35(7)
- Code of Criminal Procedure, 1973 — s. 41(1)(b), 41-A
- D.P. Act — s. 3, 4
- Muslim Women (Protection of Rights on Marriage) Act — s. 3, 4
Subjects
- Criminal Procedure Code
- FIR quash
- Section 41 CrPC
- Arnesh Kumar guidelines
- Bhartiya Nagrika Suraksha Sanhita
- Muslim Women Protection Act
- High Court writ petition
- Prima facie evidence
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 20243 of 2026
Mustkeem And 5 Others
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Sonu Malik
Counsel for Respondent(s) : G.A., Shailesh Kumar Mishra
Court No. - 45
HON'BLE SALIL KUMAR RAI, J.
HON'BLE PADAM NARAIN MISHRA, J.
Heard the counsel for the petitioners and the A.G.A. for the State.
The present petition has been filed challenging the First Information
Report dated 09.07.2026 registered as Case Crime No.0335 of 2026,
under Sections 85, 115(2), 352, 351(3), 127(2) B.N.S., 2023 and 3/4 D.P.
Act and 3/4 of the Muslim Women (Protection of Rights on Marriage)
Act, Police Station Cantt, District Bareilly.
We have perused the FIR, which prima facie discloses commission of
offence and therefore, the prayer made to quash the FIR cannot be
entertained in view of law laid down by Hon'ble Apex Court in the cases
of State of Telangana Vs. Habib Abdullah Jellani reported in (2017) 2
SCC 779 and Neeharika Infrastructure Pvt. Ltd. Vs. State of
Maharashtra and Others reported in (2021) SCC Online SC 315 and as
such, we are of the view that no interference is warranted.
However, considering the fact that all the offences, complained of in the
impugned FIR, are punishable with a term up to seven years, therefore, in
case of effecting the arrest of the petitioners in pursuance of the impugned
FIR, it is directed that the respondents/ authorities shall ensure that the
specific provisions contained in Section 41(1)(b) and Section 41-A of
CrPC/Section 35(3) to 35(7) of Bhartiya Nagrika Suraksha Sanhita, 2023
and the guidelines issued by Hon'ble Apex Court in the case of Arnesh
Kumar Vs. State of Bihar, (2014) 8 SCC 273 as well as the directions
issued in judgement and order dated 28.01.2021 of this Court passed in
CRLP No. 20243 of 2026
2
Criminal Misc. Writ Petition No. 17732 of 2020 (Vimal Kumar and 3
Others Vs. State of U.P. and 3 Others) reported in 2021 (2) ACR 1147,
be strictly complied with.
With the aforesaid observations, the instant writ petition stands disposed
of.
(Padam Narain Mishra,J.) (Salil Kumar Rai,J.)
September 18, 2026
Nisha
Digitally signed by :-
nisha kumari
High Court of Judicature at Allahabad
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