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Criminal LawSupreme Court of India

Ayyub Malik v. State of Uttarakhand

Criminal Appeal · 2026 INSC 331Decided 19 Mar 2026
Crl.A. No.-001480-001480 - 2026
Justice Vikram Nath · Justice N.V. Anjaria

Background

Appellant No. 1 (Ayyub Malik) and Appellant No. 2 (Shahzadi), a married couple, appealed against a Uttarakhand High Court order that had refused to quash a criminal case against Appellant No. 1 for kidnapping and offences under IPC Sections 363, 368, 376(2)(d) and provisions of the POCSO Act. The FIR, filed by Shahzadi's father in 2020, alleged that Ayyub Malik enticed away his then-minor daughter; however, the appellants had in fact married on 29 May 2020, before the FIR was lodged on 1 June 2020. The High Court had declined to quash the proceedings largely because the State's counter-affidavit stated the victim was a minor at the time of the alleged incident.

Decision Breakdown

The Supreme Court noted that the appellants were husband and wife, living together peacefully, with Appellant No. 1 caring for Appellant No. 2, and that continuing the criminal prosecution would serve no purpose consistent with justice. Citing its own recent precedent in K. Kirubakaran v. State of Tamil Nadu (a case with similar facts), the Court held that in the interest of complete justice between the spouses, the criminal proceedings should be brought to a final end. The Court set aside the High Court's order and quashed the underlying criminal case and all connected proceedings, allowing the appeal without imposing any conditions on Appellant No. 1, while expressing hope that he would continue to care for his wife.

Lesson Learnt

Courts retain discretion under Section 482 CrPC to quash even serious criminal proceedings, including those alleging offences under special statutes like POCSO, where the parties are validly married adults living together and continuing prosecution would not serve the interests of justice, though this remains a case-specific, discretionary remedy rather than a general rule.

Ayyub Malik v. State of Uttarakhand – Legal Case Shots | LegalAware