Allahabad High Court
SUNIL KUMAR AND ANOTHERversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- NAND PRABHA SHUKLA
Holding
The court declined to quash the criminal proceedings, finding that the matter involved disputed facts and no clear abuse of process.
Summary
The applicants filed an application under Section 528 of the Code of Criminal Procedure seeking to quash the criminal proceedings (Case No. 15256 of 2025) instituted by the State of U.P. for offences under IPC sections 498A, 323, 506, 354 and Dowry Prohibition Act sections 3 and 4. The High Court examined the material and observed that the dispute centered on questions of fact, and at this preliminary stage it could not be said that no offence was made out against the applicants. Consequently, the court held that the power to quash may be exercised only where there is a clear failure of justice or abuse of process, which was not demonstrated. The prayer for quashing was therefore declined. The court directed that the applicants may apply for bail or for discharge within 45 days, and that no coercive measures be taken against them during that period.
Issues considered
- Whether the application under Section 528 of the CrPC for quashing the criminal proceedings should be allowed.
Legislation cited
- Code of Criminal Procedure — s. 528
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 323, 354, 498A, 506
Subjects
- quash of criminal proceedings
- Section 528 CrPC
- bail
- abuse of process
- Dowry Prohibition Act
- IPC offences
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 10839 of 2026
Sunil Kumar And Another
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Neeraj
Counsel for Opposite Party(s) : G.A.
Court No. - 78
HON'BLE NAND PRABHA SHUKLA, J.
1. Heard Mr. Neeraj, learned counsel for the applicants, learned A.G.A. for
the State and perused the record.
2. The present application under Section 528 BNSS has been filed with a
prayer to allow this application and to quash the entire proceeding of Case
No. 15256 of 2025 (State Vs. Sunil and others) arising out of Case Crime
No. 215 of 2025, under Sections 498A, 323, 506, 354 of the Indian Penal
Code and Section 3/4 of the Dowry Prohibition Act, Police Station-
Etmadpur, District-Agra and the charge sheet No. 187 of 2025 dated
29.05.2025 and cognizance order dated 05.08.2025 and the bailable warrant
dated 20.02.2026.
3. 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.
4. Accordingly, prayer for quashing is declined.
5. 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.
6. However, in the interest of justice, it is further provided that in case the
NA528 No. 10839 of 2026
2
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.
7. 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.
8. With the aforesaid direction, this application is disposed of.
March 25, 2026
Shivani
(Nand Prabha Shukla,J.)
Digitally signed by :-
SHIVANI SRIVASTAVA
High Court of Judicature at Allahabad
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