Smt. Gullo @ Gulnaz and Another vs State of U.P. and 2 Others — Allahabad HC (2026) — LawSathi Research

Smt. Gullo @ Gulnaz and Another vs State of U.P. and 2 Others — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Interim protection from arrest granted: till the next date, the petitioners shall not be arrested in pursuance of the impugned FIR dated 2.3.2026 (Case Crime No. 62 of 2026, S. 87 BNS, P.S. Tajganj, District- Agra); notice issued to respondent No. 3 returnable within four weeks, steps within a week, counter affidavit by learned AGA within that period, rejoinder within one week thereafter; matter listed on 14.07.2026. No final adjudication on quashing.

Issue for consideration

Whether the impugned FIR dated 2.3.2026 (Case Crime No. 62 of 2026, under Section 87 of BNS, P.S. Tajganj, District- Agra) discloses any offence against the petitioners and is liable to be quashed, given the submission that petitioner No. 1 is a major aged about 19 years who went with petitioner No. 2 of her own free will and married him on 29.3.2026.

Court's answer

As an interim measure, till the next date of listing (14.07.2026), the petitioners shall not be arrested in pursuance of the impugned FIR dated 2.3.2026 arising out of Case Crime No. 62 of 2026, under Section 87 of BNS, P.S. Tajganj, District- Agra; notice was issued to respondent No. 3 returnable within four weeks with counter affidavit by learned AGA and rejoinder permitted, and the matter was directed to be listed on 14.07.2026.

Detailed headnote1 paragraphs

Allahabad High Court (Rajiv Gupta, J. and Jai Prakash Tiwari, J.) — Criminal Misc. Writ Petition No. 7431 of 2026, decided 13.04.2026 — Interim order in a petition seeking quashing of FIR dated 2.3.2026, Case Crime No. 62 of 2026, under Section 87 of BNS, P.S. Tajganj, District- Agra. Counsel for petitioners submitted that petitioner No. 1 is a major girl aged about 19 years, who out of her own free-will and consent went with petitioner No. 2, married him on 29.3.2026 and is living peacefully with him, and that no offence is disclosed. Court held the matter requires consideration, issued notice to respondent No. 3 returnable within four weeks, and directed that till the next date (14.07.2026) the petitioners shall not be arrested in pursuance of the impugned FIR.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 7431 of 2026

Smt. Gullo @ Gulnaz And Another

.....Petitioner(s)

Versus

State Of U.P. And 2 Others

.....Respondent(s)

Counsel for Petitioner(s)	: Ashish	Goyal, Ullash Pandey
Counsel for Respondent(s)	: G.A.

Court No. - 48

HON'BLE RAJIV GUPTA, J. HON'BLE JAI PRAKASH TIWARI, J.

Heard learned counsel for the petitioners, learned AGA for the State and perused the record.

Learned counsel for the petitioners has submitted that petitioner No. 1 is a major girl aged about 19 years as noted in the FIR itself.

Learned counsel for the petitioner has next submitted that petitioner No. 1 out of her own free-will and consent, had gone with the petitioner No. 2 and has already married him on 29.3.2026 and is now living peacefully with him.

Learned counsel for the petitioners has next submitted that there is nothing on record to show that the petitioner No. 1 was forcibly taken away by the petitioner No. 2 and compelled to marry with him and as such, no offence, whatsoever, is disclosed against the petitioners and the impugned first information report is liable to be quashed.

Matter requires consideration.

Issue notice to respondent No. 3 returnable within four weeks.

Steps be taken within a week.

Learned AGA may also file counter affidavit within the said period. Rejoinder affidavit, if any, may be filed within one week thereafter.

List on 14.07.2026.

Till then, the petitioners shall not be arrested in pursuance of the impugned F.I.R. dated 2.3.2026 arising out of Case Crime No. 62 of 2026, under Section 87 of BNS, P.S. Tajganj, District- Agra.

April 13, 2026 S.K.

(Jai Prakash Tiwari,J.) (Rajiv Gupta,J.)

Digitally signed by :- SWEETY KANOJIA High Court of Judicature at Allahabad