WPCRL/318/2026
2026 Latest Caselaw 1161 UK

Uttarakhand High Court

WPCRL/318/2026 on 17 February, 2026

Author: Rakesh Thapliyal

Bench: Rakesh Thapliyal

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                                      WPCRL No. 318 of 2026
                                      Hon'ble Rakesh Thapliyal, J.

1. Mr. Mohd. Azim, learned counsel for the petitioner.

2. Mr. Tumul Nainwal, learned A.G.A. with Mrs. Sweta Badola Dobhal, learned Brief Holder for the State/respondent nos. 1 and 2.

3. By the instant petition the petitioner Suhail S/o Irfan is praying for quashing of First Information Report dated 06.02.2026 P.S. Patel Nagar, District Dehradun lodged by one Rizwan Rana implicating the petitioner for the offence punishable under Section 140(3) of BNS, 2023.

4. It is argued by the learned counsel for the petitioner that the petitioner was in love with the sister of the complainant and both of them are major and married on 02.05.2025 at "Aayasha Masjid Railway Road, Meerut" and, their marriage was also registered on 01.03.2025. The marriage registration certificate is enclosed as Annexure-3. The petitioner and the victim both are also present in court and also identified by the counsel for the petitioner. The original marriage certificate is also shown to this court.

5. Issue notice to respondent no. 3.

6. Steps be taken within a week.

7. Let the respondents may file their counter affidavit within three weeks.

8. Two weeks thereafter is granted to the petitioner to file rejoinder affidavit.

9. It is argued by the learned counsel for the applicant that the allegation as alleged by the brother of the victim is absolutely false and frivolous and even on the day of the incident as mentioned in the FIR the victim was major since her date of birth is 01.02.2004.

10. After hearing the arguments of learned counsel for the petitioner and perusing the marriage certificate, this court is of the view that both of them require protection since both of them are major and their marriage is also registered, and therefore there is no useful purpose to go with the investigation, however, this aspect will be considered later on after calling the counter affidavit from the respondents.

11. In such view of the matter for an interim measure till the next date of listing no investigation shall go on pursuant to the impugned FIR.

12. List on 23.03.2026.

(Rakesh Thapliyal, J.) 17.02.2026 PR