Smt. Saloni @ Samrin and Another vs State of U.P. and 3 Others — Allahabad HC (2026) — LawSathi Research

Smt. Saloni @ Samrin and Another vs State of U.P. and 3 Others — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Interim relief: petitioners not to be arrested in pursuance of the impugned FIR dated 15.03.2026 (Case Crime No. 72 of 2026) until the next date of listing (15.05.2026); notice issued to respondent no.4 returnable within three weeks; matter listed on 15.05.2026. Final consideration of the quashing prayer deferred.

Issue for consideration

Whether, petitioner no.1 being a major who allegedly went with petitioner no.2 of her own free will and married him, no offence is disclosed against the petitioners and the impugned FIR is liable to be quashed.

Court's answer

Interim protection: until the next date of listing (15.05.2026), the petitioners shall not be arrested in pursuance of the impugned FIR dated 15.03.2026 (Case Crime No. 72 of 2026).

Ratio / Principle

The Court recorded counsel's undertaking to secure the presence of petitioner no.1 (the victim) before the Investigating Officer within ten days for recording of her statement under Section 180 BNSS, and to thereafter produce her before the competent Magistrate for statement under Section 183 BNSS.

Key takeaways

If the victim's statement is recorded, a copy is to be forwarded to the Court in a sealed cover by the next date fixed.ratio¶¶14
Notice was issued to respondent no.4, returnable within three weeks, with steps to be taken within a week.ratio¶¶16
Learned AGA was permitted/directed to file a counter affidavit within the said period of three weeks.ratio

Detailed headnote1 paragraphs

Interim order of the High Court of Judicature at Allahabad (Rajiv Gupta and Dr. Ajay Kumar-II, JJ.) in a Criminal Misc. Writ Petition seeking quashing of FIR dated 15.03.2026, registered as Case Crime No. 72 of 2026 under Sections 87, 352, 351(1) of B.N.S., 2023 at Police Station Khatauli, District Muzaffar Nagar. Counsel for the petitioners submitted that petitioner no.1, a major girl aged about 22 years, had gone with petitioner no.2 out of her own free will and consent and married him on 31.03.2026, and that no offence was disclosed. Counsel undertook to produce petitioner no.1 before the Investigating Officer within ten days for recording of her statement under Section 180 B.N.S.S. and thereafter before the competent Magistrate under Section 183 B.N.S.S.; a copy of the statement is to be forwarded to the Court in a sealed cover by the next date. Notice was issued to respondent no.4 returnable within three weeks, the AGA was permitted to file a counter affidavit, and the matter was listed on 15.05.2026. Till then, the petitioners were directed not to be arrested in pursuance of the impugned FIR.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 8164 of 2026

Smt. Saloni @ Samrin And Another

.....Petitioner(s)

Versus

State Of U.P. And 3 Others

.....Respondent(s)

Counsel for Petitioner(s)	: Brahma Kumar Tiwari
Counsel for Respondent(s)	: G.A.

Court No. - 48

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

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

Learned counsel for the petitioners has submitted that petitioner no.1 is a major girl aged about 22 years and she, out of her own free-will and consent, had gone with the petitioner no.2 and has already married him on 31.03.2026 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 petitioner no.2 and compelled to marry him and, as such, no offence, complained of, is disclosed against the petitioners and the impugned first information report is therefore liable to be quashed.

Learned counsel for the petitioners further undertakes to secure the presence of victim (petitioner no.1) before the Investigating Officer positively within ten days, who shall record her statement under section 180 of the B.N.S.S. and thereafter produce her before the competent Magistrate and get her statement recorded under Section 183 of the B.N.S.S.

If the statement of the victim is recorded, copy of the said statement be forwarded to this Court in a sealed cover by the next date fixed.

In view thereof, the matter requires consideration.

Issue notice to respondent no.4 returnable within three weeks.

Steps be taken within a week.

Learned AGA may also file counter affidavit within the said period.

CRLP No. 8164 of 2026

2

List on 15.05.2026.

Till then, the petitioners shall not be arrested in pursuance of the impugned F.I.R. dated 15.03.2026, registered as Case Crime No.72 of 2026, under Sections 87, 352, 351(1) of B.N.S., 2023, Police Station Khatauli, District - Muzaffar Nagar.

April 16, 2026

ss

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

Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad