Court Refuses to Quash FIR Under Bharatiya Nyaya Sanhita, 2023; Investigation Contradictions and Transfer Request Pending
In a significant ruling dated October 24, 2026, the Allahabad High Court (Lucknow Bench, Division Bench) delivered its judgment in the Criminal Miscellaneous Writ Petition No. 10500 of 2026 filed by Mohammad Kaif, who challenged the FIR lodged against him under Sections 69 and 351(3) of the Bharatiya Nyaya Sanhita (BNS), 2023. The FIR, registered at Police Station Aashiyana, Lucknow, alleges that the petitioner made a false promise of marriage, a cognizable offence under the new legal provisions.
Mohammad Kaif contended before the Court that the FIR was based on a concocted and false story aimed at maligning his reputation. He argued that there was no promise of marriage, let alone a false promise, as alleged in the FIR. The petitioner highlighted that the first allegations surfaced publicly only through a podcast on a social media platform on April 29, 2026, suggesting ulterior motives behind the FIR.
Opposing the petition, the respondent, representing the State of Uttar Pradesh, insisted that the FIR disclosed a cognizable offence under Section 69 of the Bharatiya Nyaya Sanhita and that there was no ground for quashing it at the interim stage. The Court noted that the victim's statements taken under Sections 180 and 183 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, revealed contradictions. Notably, the victim mentioned an incident related to Hotel Hyatt, Lucknow, in the Section 183 statement, which was absent in both the FIR and the Section 180 statement.
The investigating officer recommended transferring the FIR to Delhi, as most allegations pertained to that jurisdiction. This recommendation was pending consideration before the Deputy Police Commissioner, Lucknow, at the time of the judgment.
Given these circumstances, the Court refused to quash the FIR at this stage of investigation. However, acknowledging the petitioner's apprehension of arrest during the pendency of the transfer decision, the Court granted interim protection from arrest. The Court stipulated that Mohammad Kaif shall cooperate with the ongoing investigation and refrained from arresting him until the next hearing scheduled for November 4, 2026. The petitioner was also permitted to file a rejoinder affidavit before the next date.
This judgment underscores the careful balancing by the judiciary in ensuring that serious allegations under the newly enacted Bharatiya Nyaya Sanhita and Bharatiya Nagarik Suraksha Sanhita are investigated thoroughly while protecting the rights of the accused during the investigation phase.
Bottom Line:
Quashing of FIR under Bharatiya Nyaya Sanhita, 2023 - Allegation of false promise of marriage - Where FIR discloses cognizable offence and investigation is still in progress, FIR not quashed at interim stage - Considering contradictions between statements under Sections 180 and 183 BNSS and pendency of decision regarding transfer of investigation, Court granted interim protection from arrest subject to cooperation in investigation.
Statutory provision(s):
Bharatiya Nyaya Sanhita, 2023 Sections 69, 351(3); Bharatiya Nagarik Suraksha Sanhita, 2023 Sections 180, 183
Mohammad Kaif v. State of U.P., (Allahabad)(Lucknow)(DB) : Law Finder Doc Id # 3011058
