Disposed¶21

Smt. Ankita Devi and 3 Others v. State of U.P. and 3 Others

Allahabad HC8 Apr 2026CRLP/7629/2026

Case brief

AI extract

What is this about?

Interim no-arrest protection granted in a writ petition seeking quashing of FIR dated 26.2.2026 under Section 87 of BNS (Case Crime No. 73 of 2026, P.S. Sikrara, District Jaunpur); petitioner No. 1 alleged to be a major aged about 19 years who voluntarily married petitioner No. 2 on 12.3.2026; notice issued to respondent No. 4, counter affidavit within four weeks, matter listed on 8.7.2026; final decision on quashing pending.

What did the court decide?

Interim protection from arrest till the next date of listing (8.7.2026); notice issued to respondent No. 4 returnable within four weeks; counter affidavit by learned AGA within that period; rejoinder affidavit, if any, within one week thereafter; matter listed on 8.7.2026. The final prayer for quashing of the FIR was not decided. ¶21

Smt. Ankita Devi and 3 Others vs State of U.P. and 3 Others — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the impugned first information report dated 26.2.2026 (Case Crime No. 73 of 2026, under Section 87 of BNS, P.S. Sikrara, District Jaunpur) is liable to be quashed qua the petitioners, on the submission that petitioner No. 1, a major aged about 19 years, went with petitioner No. 2 out of her own free will and consent and married him on 12.3.2026.

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Court's answer

Interim direction: till the next date of listing (8.7.2026), the petitioners shall not be arrested in pursuance of the impugned FIR dated 26.2.2026 arising out of Case Crime No. 73 of 2026, under Section 87 of BNS, P.S. Sikrara, District Jaunpur.

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Ratio / Principle

The court held that the matter requires consideration and issued notice to respondent No. 4 returnable within four weeks, with the learned AGA permitted to file a counter affidavit within that period and any rejoinder affidavit within one week thereafter; the matter was listed on 8.7.2026.

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Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Rajiv Gupta, J. and Hon'ble Dr. Ajay Kumar-II, J.) — Criminal Misc. Writ Petition No. 7629 of 2026, order dated April 8, 2026. Petitioners, including Smt. Ankita Devi (petitioner No. 1, stated in the FIR to be a major aged about 19 years), sought quashing of the FIR dated 26.2.2026 (Case Crime No. 73 of 2026, under Section 87 of BNS, P.S. Sikrara, District Jaunpur). Counsel submitted that petitioner No. 1 went with petitioner No. 2 out of her own free will and consent, married him on 12.3.2026, and is living peacefully with him, and that no offence is disclosed against the petitioners. The court held that the matter requires consideration, issued notice to respondent No. 4 returnable within four weeks, fixed timelines for counter and rejoinder affidavits, listed the matter on 8.7.2026, and directed that till then the petitioners shall not be arrested in pursuance of the impugned FIR. The quashing prayer remains undecided.

¶1

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 7629 of 2026

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Smt. Ankita Devi And 3 Others

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.....Petitioner(s)

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Versus

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State Of U.P. And 3 Others

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.....Respondent(s)

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Counsel for Petitioner(s)	: Bharti Mishra
Counsel for Respondent(s)	: G.A.

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Court No. - 48

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HON'BLE RAJIV GUPTA, J. HON'BLE DR. AJAY KUMAR-II, J.

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

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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.

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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 12.3.2026 and is now living peacefully with him.

¶13

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. complained of, is disclosed against the petitioners and the impugned first information report qua the petitioners is liable to be quashed.

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Matter requires consideration.

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Issue notice to respondent No. 4 returnable within four weeks.

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Steps be taken within a week.

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

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List on 8.7.2026.

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CRLP No. 7629 of 2026

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¶21

Till then, the petitioners shall not be arrested in pursuance of the impugned F.I.R. dated 26.2.2026 arising out of Case Crime No. 73 of 2026, under Section 87 of BNS, P.S. Sikrara, District- Jaunpur.

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(Dr. Ajay Kumar-II,J.) (Rajiv Gupta,J.)

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April 8, 2026

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¶25

Digitally signed by :- KALIM UDDIN SIDDIQUI High Court of Judicature at Allahabad

Smt. Ankita Devi and 3 Others v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Smt. Ankita Devi and 3 Others v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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