Smt. Nikki and Another vs State of U.P. and 3 Others — Allahabad HC (2025) — LawSathi Research

Smt. Nikki and Another vs State of U.P. and 3 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim (non-final) disposition: matter taken up for consideration with notice to respondent no. 4, counter affidavits due within three weeks and rejoinder within two weeks thereafter; interim protection that the petitioners shall not be arrested till the next date of listing or till submission of police report (whichever is earlier), conditional on their cooperating with the investigation.

Issue for consideration

Whether the First Information Report dated 25.10.2024 (Case Crime No. 243 of 2024, under Section 137(2) of B.N.S., Police Station Binouli, District Baghpat) should be quashed. +1 more

Court's answer

Notice is to be issued to respondent no. 4; respondents no. 1, 2 and 3 are represented by learned A.G.A.

Ratio / Principle

Respondents may file counter affidavits within three weeks; rejoinder affidavit, if any, within two weeks thereafter, and the matter is to be listed thereafter (adjudication deferred; the Court recorded that 'Matter requires consideration').

Key takeaways

Interim protection granted: till the next date of listing or till submission of the police report, whichever is earlier, the petitioners shall not be arrested; they must cooperate with the investigation, failing which the police may approach the Court by application.ratio¶14

Detailed headnote1 paragraphs

Allahabad High Court (Court No. 42), Criminal Misc. Writ Petition No. 26100 of 2025 — Smt. Nikki & Anr. v. State of U.P. & 3 Ors. (Siddhartha Varma and Siddharth Nandan, JJ.; decision dated November 15, 2025). The petition seeks quashing of the First Information Report dated 25.10.2024 giving rise to Case Crime No. 243 of 2024, under Section 137(2) of B.N.S., Police Station Binouli, District Baghpat. Counsel contend that before the FIR was lodged the victim went with the petitioner of her own free will, that the petitioners married each other about a year later, and that petitioner no. 1 was more than 18 years old though her age was wrongly mentioned as 17 years in the FIR. The Court recorded that the 'Matter requires consideration': notice was ordered to respondent no. 4 (respondents no. 1–3 being represented by the learned A.G.A.), with counter affidavits permitted within three weeks and rejoinder affidavit, if any, within two weeks thereafter. Interim relief: till the next date of listing or till submission of police report, whichever is earlier, the petitioners shall not be arrested, provided they cooperate with the investigation; failing which the police may approach the Court by application. No precedent was cited and no substantive finding on the FIR or ages was made at this stage.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 26100 of 2025

Smt. Nikki And Another

.....Petitioner(s)

	Versus
State Of U.P. And 3 Others		.....Respondent(s)
Counsel for Petitioner(s)	: Krishna Pratap Singh, Uz Zaman	Quasim Khan, Shams
Counsel for Respondent(s)	: G.A.

Court No. - 42

HON'BLE SIDDHARTHA VARMA, J. HON'BLE SIDDHARTH NANDAN, J.

Heard learned counsel for the petitioners and learned A.G.A. for the Staterespondents.

This writ petition has been filed for quashing of the First Information Report dated 25.10.2024 giving rise to Case Crime No. 243 of 2024, under Section 137(2) of B.N.S., Police Station - Binouli, District - Baghpat.

Contention of learned counsel for the petitioner is that before the first information report was lodged the victim had gone with the petitioner of her own free will. It has been stated by the learned counsel for the petitioners that after one year thereafter the petitioners have married each other. Learned counsel for the petitioners further states that the petitioner no. 1 was more than 18 years and wrongly her age had been mentioned as 17 years in the first information report.

Matter requires consideration.

Respondents no. 1, 2 and 3 are represented by learned A.G.A. Issue notice to respondent no. 4.

Respondents may file their counter affidavits within a period of three weeks. Rejoinder affidavit, if any, may be filed within two weeks thereafter.

List thereafter.

Till the next date of listing or till the submission of police report, whichever is earlier, the petitioners shall not be arrested. The petitioners will cooperate with the investigation. In the event they fail to do so, the police shall be at liberty to approach this Court by means of an application.

November 15, 2025 M.S. Ansari

(Siddharth Nandan,J.) (Siddhartha Varma,J.)

Digitally signed by :- MOHD SAQIB ANSARI High Court of Judicature at Allahabad