The Allahabad High Court has dismissed three writ petitions seeking to quash an FIR filed in Amroha district of Uttar Pradesh, in which a woman alleged that she was subjected to rape and gangrape under the pretext of nikah halala to facilitate remarriage with her husband.
A Division Bench comprising Justice JJ Munir and Justice Tarun Saxena ruled that personal laws governing marriage cannot be used as a defence when allegations disclose the commission of criminal offences. The court observed that criminal law applies equally to all citizens unless the statute itself provides an exception.
The petitions were filed by the woman’s husband and other accused persons named in the FIR, who sought judicial intervention to terminate the criminal proceedings at the preliminary stage.
Court says criminal law prevails over personal practices
While hearing the matter, the bench made it clear that the constitutionality of nikah halala was not under challenge in the present proceedings. However, it emphasized that any act committed in the name of a religious or personal practice that amounts to a criminal offence would be subject to prosecution under Indian law.
The court observed that if a minor girl is compelled into sexual relations under the garb of halala, the act would attract provisions of the Protection of Children from Sexual Offences (POCSO) Act. It reiterated that personal law cannot be invoked to justify conduct that is otherwise punishable under criminal statutes.
In its observations, the High Court noted that the facts emerging from the case appeared deeply disturbing and prima facie inconsistent with constitutional values such as equality, dignity, privacy and personal liberty guaranteed under Articles 14 and 21 of the Constitution.
The bench stated that the allegations reflected circumstances that appeared far removed from the constitutional aspirations of justice and individual dignity. At the same time, the court clarified that it was not examining or commenting on the constitutional validity of any religious practice in the present proceedings.
The judges remarked that the facts placed before the court were, at first glance, “shocking to the conscience” and warranted a full investigation by the authorities.
FIR registered under BNS, POCSO and Triple Talaq law
The FIR was registered on December 9, 2025, in Amroha district under multiple provisions of the Bharatiya Nyaya Sanhita (BNS), including offences related to cruelty by husband or relatives, rape and gangrape.
The case also includes provisions of the Muslim Women (Protection of Rights on Marriage) Act, 2019, which criminalises the practice of instant triple talaq, as well as sections of the POCSO Act.
According to the complaint, the woman was allegedly forced to undergo nikah halala after being divorced by her husband. She alleged that she was subjected to sexual relations with other men as part of the process intended to enable remarriage with the same husband.
Cleric, husband’s relatives named as co-accused
The FIR names several co-accused, including a cleric, the husband’s brother and his nephew. They are accused of sexually assaulting the woman under the pretext of halala.
Court records indicate that the first alleged incident occurred when the victim was around 16 years old. Her statement, as referred to in the court order, formed a significant part of the material considered by the bench while deciding the petitions.
The High Court observed that the allegations relating to the first incident, involving a minor, prima facie disclose offences under the POCSO Act and amount to statutory rape. The second alleged incident, according to the court, prima facie attracts provisions relating to gangrape.
Finding sufficient grounds for investigation, the bench refused to interfere with the FIR at this stage and held that the matter requires a detailed probe by the investigating agency.
With these observations, the court dismissed all three writ petitions, allowing the criminal investigation to proceed in accordance with law.
