# Allahabad High Court Rules POCSO Overrides Personal Law, Refuses To Quash FIR In Minor's Halala Rape Case

> The Allahabad High Court has rejected a plea to quash the FIR against men accused of repeatedly raping a minor girl under the guise of nikah halala, holding that the POCSO Act stands above personal law.

**Type:** article · **Category:** Uttar Pradesh · **Published:** 2026-07-04 · **Source:** TrendKia
**Canonical:** https://trendkia.com/en/uttar-pradesh/pokso-kanuna-parsanala-lo-se-upara-halala-ke-nama-para-nabaliga-se-dushkarma-mamale-men-allahabad-high-court-ka-bara-phaisala-4566 · **Language:** English
**Tags:** Nikah Halala, POCSO Act, Allahabad High Court, Minor Rape Case, Amroha, Double Halala, FIR Quash Petition

The Allahabad High Court has dealt a blow to a group of men accused of repeatedly raping a minor girl under the guise of nikah halala, refusing to quash the FIR registered against them. The court made it clear that the POCSO Act stands above personal law, meaning no religious custom can be used to legally justify physical relations with a minor.

## How The Case Unfolded
The case dates back to 2016, when the complainant was still a minor. She has alleged that nine men raped her repeatedly at the time in the name of nikah halala. Years later, in 2025, after she turned adult, she was allegedly gang-raped again, this time in the name of what has been described as double halala. The case was registered at Saidnagli police station in Amroha district under relevant sections of the Bharatiya Nyaya Sanhita, the Muslim Women (Protection of Rights on Marriage) Act, 2019, and the POCSO Act.

## What The Petitioners Argued
Tayyab and three other accused had approached the High Court seeking to have the FIR against them quashed. Their counsel argued that in 2016, triple talaq under Sharia law was still in effect, and that nikah halala is a legitimate religious custom. Since the girl did not reject the marriage within a year of turning adult, the counsel contended, the marriage should be treated as valid, and the FIR should therefore be quashed.

## The State And The Complainant Push Back
Countering this, lawyers for the Uttar Pradesh government and the complainant argued that the allegations plainly describe the sexual exploitation of a minor girl, followed by her gang rape under the guise of double halala once she turned adult. They submitted that personal law cannot be used as a shield to escape acts of gang rape under the Bharatiya Nyaya Sanhita.

## Court's Sharp Observation
A bench of Justice J.J. Munir and Justice Tarun Saxena, after hearing both sides, held that if physical relations are established with a minor girl under the guise of halala, the provisions of the POCSO Act will certainly apply, even if the girl later expressed a wish to remarry the man who had divorced her. The bench observed that, prima facie, this was a case of rape of a minor followed by an extremely brutal and gruesome gang rape carried out under the same guise. The court also cited the Supreme Court's landmark ruling in Independent Thought vs Union of India, in which the top court gave primacy to the POCSO Act and ruled out any possibility of legally having physical relations with a girl below 18 years of age.

## No Accused Gets A Free Pass
During the hearing, it was also argued that some of the accused, such as the qazi who solemnised the nikah and a few distant relatives, had played only a minor role in the case. The court rejected this argument outright, holding that all the accused were equally involved in this serious crime. In its verdict delivered on July 1, the bench made it clear that the allegations in this case require a thorough investigation by the police to establish the full facts.

## What this means for you
- **Across India:** The ruling reinforces that the POCSO Act overrides personal law of any religion, meaning physical relations with a girl under 18 cannot be legally justified under the cover of any custom.
- **In Amroha:** Police at Saidnagli police station will now have to carry out a detailed investigation into the case, clearing the path for legal action against all the accused.

## Questions & Answers

### 1. Where did this case originate?
The case is registered at Saidnagli police station in Amroha district, while the FIR-quashing petition was filed in the Allahabad High Court.

### 2. What did the Allahabad High Court rule?
The court dismissed the petition to quash the FIR against the accused, holding that the POCSO Act stands above personal law.

### 3. What are the accused charged with?
In 2016, nine men allegedly raped the minor girl in the name of nikah halala, and in 2025, after she turned adult, she was allegedly gang-raped again under the guise of double halala.

### 4. Who was on the bench?
The bench comprised Justice J.J. Munir and Justice Tarun Saxena.

### 5. What did the petitioners argue?
Their counsel argued that triple talaq under Sharia law was in effect in 2016, nikah halala is a valid custom, and since the girl did not reject the marriage within a year of turning adult, it should be considered valid.

### 6. What did the state and the complainant argue?
They argued the allegations show sexual exploitation of a minor followed by gang rape in the name of double halala, and that personal law cannot shield such acts.

### 7. Which earlier judgment did the court cite?
The court cited the Supreme Court's ruling in Independent Thought vs Union of India, which gave primacy to the POCSO Act.

### 8. Did the court treat all accused equally?
Yes, the court rejected the argument that the qazi and some distant relatives had only a minor role, holding all accused equally involved.

### 9. When was the verdict delivered and what happens next?
The verdict was delivered on July 1, with the court directing the police to conduct a detailed investigation into the allegations.

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