Anchal Singh Alias Anchal and Another vs State of U.P. Thru. Prin. Secy. Home Lko. and Others — Allahabad HC (2026) — LawSathi Research

Anchal Singh Alias Anchal and Another vs State of U.P. Thru. Prin. Secy. Home Lko. and Others — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Interim protection only: no coercive steps against the petitioners till the next date of listing, conditional upon petitioner No.1 appearing before the competent authority on 15.05.2026 for recording of her statement under B.N.S.S.; petition kept pending for counter affidavit and rejoinder. No final decision on quashing of the F.I.R.

Issue for consideration

Whether the F.I.R. dated 25.04.2026 (Case Crime No. 0095 of 2026) under Section 87 of the BNS, 2023, Police Station Jethwara, District Pratapgarh, is liable to be quashed. +1 more

Court's answer

As an interim measure, no coercive steps shall be taken against the petitioners pursuant to the impugned F.I.R. till the next date of listing.

Ratio / Principle

The interim protection is conditional: petitioner No.1 shall appear before the competent authority on 15.05.2026 for recording of her statement under the provisions of B.N.S.S., failing which the interim protection may be withdrawn on an application moved by the prosecution or the complainant.

Key takeaways

Counter affidavit to be filed within four weeks; rejoinder affidavit, if any, may be filed within two weeks thereafter.ratio¶17

Detailed headnote1 paragraphs

Interim order in a Criminal Misc. Writ Petition (No. 4283 of 2026, Allahabad High Court, Lucknow Bench) seeking quashing of F.I.R. dated 25.04.2026, Case Crime No. 0095 of 2026, under Section 87 of the BNS, 2023, Police Station Jethwara, District Pratapgarh, lodged against a couple who claim to be majors and state they married on 01.05.2026, with the F.I.R. alleged to have been lodged by an opposite party unhappy with the marriage; protection pleaded under Article 21 of the Constitution of India. The Court did not decide the merits: it called for a counter affidavit within four weeks and rejoinder within two weeks thereafter, granted interim protection that no coercive steps be taken against the petitioners till the next date of listing, and directed petitioner No.1 to appear before the competent authority on 15.05.2026 for recording of her statement under the provisions of B.N.S.S., failing which the interim protection may be withdrawn on an application by the prosecution or the complainant.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

CRIMINAL MISC. WRIT PETITION No. - 4283 of 2026

Anchal Singh Alias Anchal And Another

.....Petitioner(s)

Versus

State Of U.P. Thru. Prin. Secy. Home Lko. And Others

.....Respondent(s) Counsel for Petitioner(s) : Sushil Kumar Yadav Counsel for Respondent(s) : G.A.

Court No. - 11

HON'BLE ABDUL MOIN, J. HON'BLE PRAMOD KUMAR SRIVASTAVA, J.

Heard learned counsel for the petitioners, learned A.G.A. for Staterespondents no.1 to 3 and Sri Ravi Shankar Mishra, learned counsel, who has filed Vakalatnama on behalf of respondent no. 4.

Instant petition has been filed praying for quashing of the F.I.R. dated 25.04.2026 bearing Case Crime No. 0095 of 2026, under Section 87 of the BNS, 2023, Police Station Jethwara, District Pratapgarh.

Learned counsel for the petitioners states that the petitioners have falsely been implicated in the case as they have not committed any offence as alleged. Further submission is that the petitioners no.1 and 2, who are major, have got married on 01.05.2026. A copy of the marriage certificate is annexed as Annexure-2 to the petition. In order to indicate that the petitioners are major, copy of High School Marksheet and Aadhar Card have been annexed as Annexures-3 to the petition. Further the petitioners in the writ petition duly supported by an affidavit have indicated that both the petitioners are major.

It is contended that opposite party no.4 is not happy with the marriage and as such, he has lodged the impugned F.I.R. Learned counsel has also pleaded for protection of the petitioners under Article 21 of the Constitution of India which guarantees liberty to lead life of their own with dignity.

CRLP No. 4283 of 2026

2

Matter requires consideration.

Let counter affidavit be filed within a period of four weeks. Rejoinder affidavit, if any, may be filed within a period of two weeks thereafter.

List thereafter.

Till the next date of listing, no coercive steps shall be taken against the petitioners pursuant of the impugned F.I.R.

The petitioner No.1 shall appear before the competent authority on 15.05.2026 for recording of her statement under the provisions of B.N.S.S., failing which this interim protection may be withdrawn on the application being moved by the prosecution or the complainant.

May 8, 2026

kkv/

(Pramod Kumar Srivastava,J.) (Abdul Moin,J.)

Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench