Sex On False Marriage Promise FIR Against Cricketer Mohd Shami's Brother: Allahabad High Court Grants Interim Protection From Arrest

UTTAR PRADESH: The Allahabad High Court granted interim protection from arrest to Mohammad Kaif, brother of Indian cricketer Mohammed Shami, in a criminal case involving allegations of sexual relations on a false promise of marriage.

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A Division Bench of Justice Rajnish Kumar and Justice Zafeer Ahmad passed the order on October 24, 2026, while hearing Kaif's petition seeking to quash an FIR registered against him under Sections 69 and 351(3) of the Bharatiya Nyaya Sanhita (BNS), 2023.

The FIR was registered on September 13, 2026, at Aashiyana Police Station, Lucknow, following a complaint alleging sexual relations based on a false marriage promise and criminal intimidation.

Read Also:- Man Accused Of Rape Over Alleged False Promise Of Marriage; Supreme Court Grants Him Anticipatory Bail

Kaif approached the High Court challenging the allegations. His counsel, Advocate Nadeem Murtaza, argued that the FIR was based on a fabricated account and that Kaif had never promised to marry the complainant.

The defence further submitted that the complainant had first made allegations against Kaif during a social-media podcast on April 29, 2026. It argued that the FIR was lodged to damage his reputation and should be quashed.

However, the complainant's counsel opposed the petition, arguing that the FIR disclosed a cognizable offence under Section 69 BNS. He also disputed the defence's submissions concerning paragraph 35 of the petition.

During the hearing, the Additional Government Advocate informed the Court that contradictions existed between the complainant's statements recorded under Sections 180 and 183 BNSS.

The State specifically pointed out that an allegation concerning Hotel Hyatt, Lucknow, appeared in the later statement but was absent from both the original FIR and the earlier statement.

The Court was also informed that the Investigating Officer had recommended transferring the FIR to Delhi, as the main allegations related to that city. The recommendation was pending before the Deputy Commissioner of Police, Lucknow.

Kaif's counsel expressed concern that he could be arrested before the authorities decided whether to transfer the investigation.

Considering the submissions, the Allahabad High Court ordered:

“Till the next date of listing, the petitioner shall not be arrested in pursuance of the impugned FIR, however, he shall cooperate in the investigation.”

The Court granted protection from arrest until the next hearing scheduled for November 4, 2026, while directing Kaif to cooperate with the investigation.

Importantly, the Allahabad High Court did not quash the FIR or decide whether the allegations were true. The order provided temporary protection against arrest while the criminal proceedings remained pending.

EXPLANATORY TABLE OF LAWS AND SECTIONS

CASE DETAILS

KEY TAKEAWAYS

• Arrest Protection Granted: Allahabad High Court protected Mohammed Shami’s brother Mohammad Kaif from arrest in a Section 69 BNS case.
• Contradictions in Woman’s Statements: The State highlighted inconsistencies between the complainant’s statements and FIR.
• No Marriage Promise, Says Defence: Kaif denied making any marriage promise and alleged that the FIR was filed to damage his reputation.
• Accused Man’s Liberty Matters: The Court granted interim protection against arrest while the investigation continued.
• Allegations Are Not Convictions: The FIR remains pending, but an accused man cannot be treated as guilty merely because a woman has made allegations.