Allahabad High Court
SMT ARCHANA TIWARI AND ANOTHERversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- NAND PRABHA SHUKLA
Holding
The prayer for quashing the criminal proceedings is declined.
Summary
The petitioners, Smt. Archana Tiwari and another, filed a recall application under Section 528 of the Bihar Negotiable Securities Act seeking to set aside an order dated 13‑04‑2026 that had dismissed their earlier application. The High Court recalled that order and restored the application to its original number. The petitioners then moved the Court to quash the entire criminal proceeding (Criminal Case No. 33 of 2026) filed under Sections 85, 115(2), 352, 351(2) of the BNSS (corresponding to IPC 498A, 323, 504, 506) and the Dowry Prohibition Act. After reviewing the material, the Court held that factual disputes remained and there was no clear abuse of process or failure of justice, and therefore declined to quash the proceedings. The Court directed that if the petitioners are not on bail they may apply for bail within 45 days, and may also move for discharge within the same period, with a prohibition on coercive measures during that time. The application was ultimately disposed.
Issues considered
- Whether the High Court can quash the criminal proceedings under Section 528 BNSS on the ground of abuse of process or failure of justice
- Whether the factual disputes in the case preclude the Court from exercising its power to quash the proceedings
Legislation cited
- Bihar Negotiable Securities Act — s. 528
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 115(2), 351(2), 352, 85
Subjects
- recall application
- quash petition
- criminal procedure
- abuse of process
- bail
- discharge
- dowry law
- IPC
- Section 528
- justice
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 10358 of 2026
Smt Archana Tiwari And Another
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Santosh Kumar Shukla, Sushil Kumar
Counsel for Opposite Party(s) : G.A., Tarun Jha
Court No. - 78
HON'BLE NAND PRABHA SHUKLA, J.
Re:Criminal Misc. Recall Application No. 01 of 2026
1. Heard Mr. Santosh Kumar Shukla, learned counsel for the applicants, Mr.
Lokesh Shukla, holding brief of Mr. Tarun Jha, learned counsel for the
opposite party No. 2, learned A.G.A. for the State and perused the record.
2. Learned counsel for the applicants has filed the recall application seeking
recall of the order dated 13.04.2026 whereby the application was disposed
of.
3. Cause shown in the affidavit for recall of the application is sufficient.
4. Accordingly, in the interest of justice, the order dated 13.04.2026 is
hereby recalled and the application be restored to its original number.
Order on Application u/s 528 BNSS
5. The present application under Section 528 BNSS has been filed with a
prayer to allow this application and quash the entire proceeding of the
Criminal Case No. 33 of 2026 (State Vs. Akash Tiwari and others) in Case
Crime No. 19 of 2025 under Sections 85, 115(2), 352, 351 (2) B.N.S.
(Corresponding Sections 498A, 323, 504, 506 I.P.C.) and 3/4 Dowry
Prohibition Act, Police Station-Mahila Thana, District-Jalaun and to quash
the cognizance order dated 12.02.2026 passed by Civil Judge (Junior
Division)/F.T.C. (Crime Against Women) Jalaun at Orai, in the above
mentioned case and to quash the entire proceeding of charge sheet dated
30.12.2025 submitted by the Investigating Officer of the aforesaid Criminal
Case.
NA528 No. 10358 of 2026
2
6. From the perusal of the material on record and looking into the facts of the
case, at this stage, it cannot be said that no offence is made out against the
applicants. All the submissions made at the bar relate to the disputed
questions of fact, which cannot be adjudicated upon by this Court. Only in
cases where the Court finds that there has been failure of justice or abuse of
procedure, this power may be exercised to prevent the abuse of process to
secure the ends of justice.
7. Accordingly, prayer for quashing is declined.
8. In case, the applicants are not on bail, it is directed that if the applicants
appear or surrender through counsel before the Trial Court and make an
application for bail within 45 days from the date of the order, the same shall
be considered and disposed of expeditiously, after giving opportunity to the
other side.
9. However, in the interest of justice, it is further provided that in case the
applicants move an application for discharge at an appropriate stage through
counsel within 45 days, the same shall be disposed of by the Trial Court by a
reasoned and speaking order in accordance with law within two weeks
thereafter.
10. For a period of 45 days or till the disposal of the discharge application,
whichever is earlier, no coercive measures shall be taken against the
applicants in the aforesaid case.
11. With the aforesaid direction, this application is disposed of.
May 6, 2026
Shivani Sri.
(Nand Prabha Shukla,J.)
Digitally signed by :-
SHIVANI SRIVASTAVA
High Court of Judicature at Allahabad
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