Allahabad High Court
ASHMA @SMT AASHMA AND 6 OTHERSversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The writ petition is dismissed as withdrawn, with liberty to the petitioners to file an application under Section 528 of the Code of Criminal Procedure.
Summary
Petitioners Ashma and six others filed a criminal miscellaneous writ petition challenging an FIR dated 15‑12‑2025 registered under various IPC sections and the Dowry Prohibition Act. The State, through the Advocate General, submitted that the investigation was completed, a charge‑sheet dated 27‑12‑2025 was filed under Section 193(3) CrPC, and that only three of the petitioners were charge‑sheeted while the remaining four were exonerated. The State argued that the petition, insofar as it concerned the exonerated petitioners, was rendered infructuous and that the remaining petitioners should seek relief by filing an application under Section 528 CrPC. The petitioners agreed to withdraw the writ and to pursue the remedy under Section 528. The Court, having considered the submissions, dismissed the writ petition as withdrawn and vacated any interim order, granting liberty to the petitioners to file the appropriate application under Section 528 CrPC.
Issues considered
- Whether the criminal miscellaneous writ petition challenging the FIR is maintainable after the filing of a charge‑sheet.
- Whether the petition can be dismissed as withdrawn in view of the State's submission and the petitioners' consent.
Legislation cited
- Code of Criminal Procedure — s. 193(3), 210, 528
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 115(2), 316(2), 351(2), 352, 75, 85
Subjects
- criminal writ
- FIR challenge
- charge sheet
- Section 528 CrPC
- petition withdrawn
- procedural law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 132 of 2026
Ashma @Smt Aashma And 6 Others
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ken Singh
Counsel for Respondent(s) : G.A.
Court No. - 47
HON'BLE RAJEEV MISRA, J.
HON'BLE DIVESH CHANDRA SAMANT, J.
1. Heard Mr. Ken Singh, the learned counsel for petitioners and the learned
A.G.A. for State for State-respondents 1, 2 & 3.
2. Perused the record.
3. Petitioners-Ashma @Smt Aashma and 6 Others have approached this
Court by means of present criminal misc. writ petition challenging the FIR
dated 15.12.2025 lodged by first informant-respondent-4 Smt. Reshma and
registered as Case Crime No. 174 of 2025, under Sections 85, 115(2), 352,
75, 351(2), 316(2) BNS and Sections 3/4 Dowry Prohibition Act, Police
Station-Mahila Thana, District-Hathras.
4. At the very outset, the learned A.G.A. for State-respondents 1, 2 & 3
submits that after completion of statutory investigation of aforementioned
case crime number in terms of Chapter-XIII BNSS, Investigating Officer has
forwarded the charge sheet/police report dated 27.12.2025 in terms of
Section 193(3) BNSS. By means of aforesaid charge sheet/police report,
petitioners-1, 2 & 3 have been charge sheeted, whereas petitioners 4, 5, 6 &
7 have been exculpated. In view of above, it is thus urged by the learned
A.G.A. that present writ petition insofaras it relates to petitioners-4, 5, 6 & 7
and has been rendered infructuous in respect of petitoners-1, 2 & 3. Learned
A.G.A. next contends that in view of the subsequent developments as noted
herein above, now remedy lies to petitioners 1, 2 & 3 to approach this Court
by means of an application under Section 528 BNSS challenging
aforementioned charge sheet/police report as well as the cognizance taking
CRLP No. 132 of 2026
2
order/summoning order to be passed by the Jurisdictional Magistrate in
exercise of jurisdiction under Section 210 BNSS. It is thus urged by the
learned A.G.A. that in view of above, present writ petition is liable to be
dismissed.
5. When confronted with above, the learned counsel for petitioners fairly
submits that in view of the submissions made by the learned A.G.A., present
writ petition be dismissed as withdrawn with liberty to petitioners 1, 2 & 3 to
file an application under Section 528 BNSS.
6. Learned A.G.A. for State-respondents 1, 2 & 3 has no objection to the
prayer made by the learned counsel for petitioners.
7. Having heard the learned counsel for petitioners, the learned A.G.A. for
State-respondents 1, 2 & 3, upon perusal of record and considering the
objections raised by the learned A.G.A. in opposition to present writ petition
as noted herein above, the present writ petition shall stand dismissed as
withdrawn with liberty aforesaid.
8. Interim order, if any, stands vacated.
March 19, 2026
Vinay
(Divesh Chandra Samant,J.) (Rajeev Misra,J.)
Digitally signed by :-
VINAY KUMAR
High Court of Judicature at Allahabad
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