Allahabad High Court
SHAHAZAD AND 5 OTHERSversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The Court held that the FIR will not be quashed but the police must adhere to the arrest guidelines of Arnesh Kumar and Section 35(3) of the B.N.S. Act before making any arrest.
Summary
The petitioners sought to quash an FIR dated 8 September 2026 registered under sections of the B.N.S. Act, the Dowry Prohibition Act and the Muslim Women (Protection of Rights on Marriage) Act, and asked that they not be arrested. The petitioners also prayed that the police follow the Supreme Court's guidelines in Arnesh Kumar v. State of Bihar before making any arrest. The State opposed the quash of the FIR but raised no objection to the innocuous prayer regarding arrest procedure. The Court, noting the lack of objection to the innocuous prayer, allowed that prayer and directed the police to comply with the Arnesh Kumar guidelines and Section 35(3) of the B.N.S. Act. The writ petition was therefore disposed with a direction to ensure arrest procedures conform to the Supreme Court guidelines.
Issues considered
- Whether the FIR registered under the B.N.S., Dowry Prohibition Act and Muslim Women (Protection of Rights on Marriage) Act can be quashed.
- Whether the police must follow the arrest guidelines laid down in Arnesh Kumar v. State of Bihar before arresting the petitioners.
- Whether a direction can be issued to the authorities not to arrest the petitioners pending compliance with the said guidelines.
Legislation cited
- B.N.S. Act, 2023 — s. 115(2), 35(3), 74, 75(2), 85
- Dowry Prohibition Act — s. 3, 4
- Muslim Women (Protection of Rights on Marriage) Act, 2019 — s. 3, 4
Subjects
- criminal procedure
- FIR quash
- arrest guidelines
- Arnesh Kumar principle
- Dowry Prohibition Act
- Muslim Women Protection Act
- writ petition
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 23234 of 2026
Shahazad And 5 Others
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Kamesh Kumar Arya, Ravindra Kumar
Patel
Counsel for Respondent(s) : G.A.
Court No. - 48
HON'BLE CHANDRA DHARI SINGH, J.
HON'BLE ABDUL SHAHID, J.
1. The present writ petition has been preferred with the prayer to quash the
impugned First Information Report dated 8.9.2026 registered as Case Crime
No. 533 of 2026, under Sections 85, 115(2), 74, 75(2) of B.N.S., 2023,
Section 3/4 Dowry Prohibition Act and Section 3/4 of Muslim Women
(Protection of Rights on Marriage) Act, 2019, Police Station Chandpur,
District Bijnor and for a direction to the respondents not to arrest the
petitioners in pursuance of impugned First Information Report.
2. Learned counsel appearing on behalf of petitioners after some length of
arguments on merits made an innocuous prayer that before arresting the
petitioners police may be directed to follow the principle laid down by
Hon'ble Apex Court in the case of Arnesh Kumar Vs. State of Bihar
reported in (2014) 8 SCC 273.
3. Per contra, learned A.G.A. appearing on behalf of State vehemently
opposed the petition on merits but he has no objection to the innocuous
prayer made by learned counsel for the petitioner.
4. Heard learned counsel appearing on behalf of the petitioners, Sri S.K.
Ojha, learned A.G.A. appearing on behalf of the State and perused the
record.
5. Taking into consideration the submissions and prayer made by learned
counsel for the petitioners and no objection by learned A.G.A. on innocuous
CRLP No. 23234 of 2026
2
prayer made by learned counsel for the petitioners, we are inclined to allow
the innocuous prayer made by learned counsel for the petitioners.
6. The writ petition is disposed of with a direction to the authorities
concerned to ensure the procedure of arrest as per the guidelines of the
Supreme Court enshrined in the case of Arnesh Kumar Vs. State of Bihar
reported in (2014) 8 SCC 273 and provision of Section 35(3) of B.N.S.S.
(Abdul Shahid,J.) (Chandra Dhari Singh,J.)
October 1, 2026
M. Tarik
Digitally signed by :-
MOHD TARIK
High Court of Judicature at Allahabad
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