SALMAN vs STATE OF UTTARAKHAND

2026:UHC:4180
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reports, orders
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SL.
Date
No.
COURT’S OR JUDGE’S ORDERS
WPCRL No. 956 of 2026

Hon’ble Rakesh Thapliyal, J.

1. Mr. Mohd. Safdar, learned counsel with
Ms. Sadaf, learned counsel for the petitioner,
Mrs. Meenakshi Sharma, learned Brief
Holder for the State and Mr. Gaurav Singh,
learned counsel for the respondent no.2.
2. The petitioner Salman S/o Israr by
means of this instant petition is praying for
quashing of FIR dated 13.01.2026 bearing
FIR No.14 of 2026, Police Station
Gangnahar, District Haridwar, wherein he
has been implicated by one Zakir for the
offence punishable under Section 137(2)
and 87 of the BNS, 2023. Two unknown
persons were also implicated in this FIR.
3. As per the FIR, the victim, the
daughter of the complainant was missing,
who was minor. Now this petition has been
filed along with affidavit of the victim
alleging therein that both of them married
on 16.05.2026 and the nikahnama was also
placed on record. In support of her age,
aadhar card of the victim is also enclosed,
according to which, her date of birth is
14.04.2008.
4. Mrs. Meenakshi Sharma, learned Brief
Holder for the State, on instructions,

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apprised to this Court that the penal
provisions of POCSO has now been added
during the investigation on the ground that
the victim is the minor. She submits on
instructions that the age of the victim was
25.12.2008 on the date of the incident when
the victim was abducted by the petitioner.
5. Mr. Gaurav Singh, learned counsel for
the complainant submits that the victim is in
fact minor. The respondent / complainant is
present. Learned counsel for the
complainant on the basis of the instructions
received from the complainant interestingly
submits that the petitioner is married with
another lady in the year 2021, but there is
some matrimonial discord and she also filed
a petition for maintenance, which is pending
for adjudication. The earlier wife is also
present in the court.
6. The petitioner is present in the court
and admits that another lady, who is
present in the Court, is his wife.
7. Learned counsel for the parties admits
this fact that there is no divorce decree from
the earlier marriage. If it is so, then the
question is how the petitioner married with
the victim. As per the complainant and the
instructions of the State Counsel, the victim
is admittedly minor as per her school
leaving certificate.
8. Learned Brief Holder submits that

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since the victim is minor at the time of the
incident, the penal provision of POCSO has
also been added.
9. Admittedly, there is no divorce decree
from the earlier wife and on the alleged date
of the incident, the victim was minor,
therefore, on this count, the petitioner does
not deserve for any interim protection. So
far as the impugned FIR is concerned, since
now some other penal provision of POCSO
has been added, as such, the FIR cannot be
quashed particularly when the victim on the
date of the incident was minor.
10. Apart from this since the petitioner
already admits that he is already married
and there is no divorce decree, this Court is
also prima facie view that the marriage in
between the petitioner and the victim is also
null and void.
11. Accordingly, I do not find any merit in
the writ petition and the same is dismissed.
12. The petitioner who is present in the
Court is admittedly facing the investigation
and is serving in Saudi Arabia, therefore,
there may be possibility that he may leave
the country. Therefore, he has been asked
to hand over his passport to the learned
Government Advocate, who will sent the
same through special messenger to IO, who
shall keep passport in the safe custody.
13. At this juncture, the victim, who is

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present in the Court submits that there is
threat perception from the informant. In
this regard, if there is any threat perception,
she can approach to the SSP or to the
concerned SHO to the nearest police station
and they will assess the threat perception, if
any, and take proper steps.

(Rakesh Thapliyal, J.)
26.05.2026

Shiv/