Allahabad High Court
SHIVANKIT AND 2 OTHERSversusSTATE OF U.P. AND 4 OTHERS
- Decided
Holding
The FIR discloses prima facie cognizable offences and cannot be quashed.
Summary
The petitioners challenged the FIR dated 07-08-2026 filed under several sections of the Bharatiya Nyaya Sanhita, 2023 and the Dowry Prohibition Act, 1961, seeking its quash. The High Court examined the FIR and held that it disclosed prima facie cognizable offences, making the petition untenable. Relying on the Supreme Court precedents State of Telangana v. Habib Abdullah Jellani and Neeharika Infrastructure Pvt. Ltd. v. State of Maharashtra, the Court declined to interfere with the FIR. However, the Court directed the investigating authorities to strictly follow the arrest safeguards prescribed in 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 in Arnesh Kumar v. State of Bihar and its own earlier order in Vimal Kumar (2021). Consequently, the writ petition was disposed of without granting any relief to the petitioners.
Issues considered
- Whether the FIR filed under the Bharatiya Nyaya Sanhita and Dowry Prohibition Act can be quashed on the ground of lack of prima facie evidence.
- Whether the High Court can interfere with a cognizable FIR in view of Supreme Court jurisprudence.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 351(3), 352, 75(2), 85
- Bhartiya Nagrika Suraksha Sanhita, 2023 — s. 35(3), 35(4), 35(5), 35(6), 35(7)
- Criminal Procedure Code (CrPC) — s. 41(1)(b), 41-A
- Dowry Prohibition Act, 1961 — s. 3, 4
Subjects
- FIR quash
- Cognizable offence
- Bharatiya Nyaya Sanhita
- Dowry Prohibition Act
- Arrest safeguards
- Section 41 CrPC
- Arnesh Kumar guidelines
- High Court writ petition
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 21607 of 2026
Shivankit And 2 Others
.....Petitioner(s)
Versus
State Of U.P. And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ajay Singh Yadav
Counsel for Respondent(s) : G.A.
Court No. - 45
HON'BLE SALIL KUMAR RAI, J.
HON'BLE PADAM NARAIN MISHRA, J.
Vakalatnama filed by Shri Dilip Kumar Pal, Advocate on behalf of respondent no. 4 is
taken on record.
Heard the counsel for the petitioners, the A.G.A. for the State and Shri Dilip
Kumar Pal, the counsel for the respondent no. 4.
The present petition has been filed challenging the First Information Report
dated 07.08.2026 in Case Crime No. 0516 of 2026, under Sections 85,
115(2), 352, 351(3), 75(2) of the Bharatiya Nyaya Sanhita, 2023 and Section
3/4 of the Dowry Prohibition Act, 1961, read with Sections 3 and 4 of the
Dowry
Prohibition Act, 1961 at Police Station Chakeri, District Kanpur Nagar.
We have perused the FIR, which prima facie discloses cognizable offences
against the petitioners 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
CRLP No. 21607 of 2026
2
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 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 23, 2026
Vipasha
Digitally signed by :-
VIPASHA MUKHERJEE
High Court of Judicature at Allahabad
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