Shubham Gautam and Another vs State of U.P. and 2 Others — Allahabad HC (2025) — LawSathi Research

Shubham Gautam and Another vs State of U.P. and 2 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim protection from arrest: the petitioners shall not be arrested till the next date of listing, subject to their cooperation with the investigation; failing which the police may approach the Court by application. Matter left pending for further consideration.

Issue for consideration

Whether the First Information Report dated 29.10.2025 (Case Crime No. 0650 of 2025, Police Station Saray Khwaja, District Jaunpur), registered under Sections 87 and 351(4) of B.N.S., 2023, should be quashed; the petitioners contend they are adults living together of their own free will.

Court's answer

Interim direction: till the next date of listing, the petitioners shall not be arrested; they are to cooperate with the investigation, and in the event they fail to do so, the police shall be at liberty to approach the Court by means of an application.

Ratio / Principle

The matter was taken up for consideration but not decided at this stage: notice was issued to respondent no. 3, respondents were directed to file a counter affidavit within three weeks and a rejoinder affidavit, if any, within two weeks thereafter, and the matter was to be listed thereafter.

Detailed headnote1 paragraphs

Allahabad High Court (Siddhartha Varma and Siddharth Nandan, JJ.), interim order dated November 15, 2025 in Criminal Misc. Writ Petition No. 26121 of 2025 (Shubham Gautam and another v. State of U.P. and others): Petition filed for quashing of FIR dated 29.10.2025, Case Crime No. 0650 of 2025, under Sections 87 and 351(4) of B.N.S., 2023, Police Station Saray Khwaja, District Jaunpur; petitioners contend they are adults living together of their own free will. Court held the matter requires consideration, issued notice to respondent no. 3, permitted counter affidavit within three weeks and rejoinder affidavit within two weeks thereafter, and directed that till the next date of listing the petitioners shall not be arrested, provided they cooperate with the investigation; in the event of failure, the police may approach the Court by application.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. WRIT PETITION No. - 26121 of 2025

Shubham Gautam And Another

.....Petitioner(s)

Versus

State Of U.P. And 2 Others

.....Respondent(s)

Counsel for Petitioner(s)	: Shailendra Kumar Yadav
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 29.10.2025 giving rise to Case Crime No. 0650 of 2025, under Section 87, 351(4) of B.N.S., 2023, Police Station - Saray Khwaja, District - Jaunpur.

Contention of the learned counsel for the petitioners is that the petitioner no. 1 and the petitioner no. 2 are adults and they are living together of their own free will.

Matter requires consideration.

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

Respondents may file counter affidavit 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, 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

Sumit K.

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

Digitally signed by :- SUMIT KUMAR High Court of Judicature at Allahabad