Allahabad High Court
PARUL SINGHversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
The earlier judgment quashing the proceedings against the co‑accused is applicable to the applicant, and therefore the criminal case against her is set aside.
Summary
The applicant, Parul Singh, filed an application under Section 528 of the Criminal Procedure Code seeking to quash criminal proceedings (Criminal Case No.20389 of 2023, arising out of Case Crime No.463 of 2022) pending before the Chief Judicial Magistrate, Fatehpur. She relied on a prior judgment dated 21 November 2025 in which the same Court set aside the entire proceedings against co‑accused Gulab Singh and Another in a similar application (BNSS No.25558 of 2025). The State opposed the prayer but did not contest the earlier order. The Court held that the earlier judgment is applicable by parity to the present applicant and therefore ordered the entire proceedings against her to be set aside. Consequently, the application under Section 528 was allowed and the criminal case against the applicant was quashed.
Issues considered
- Whether the judgment quashing the proceedings against co‑accused Gulab Singh and Another is binding and applicable to the applicant in the same case crime.
- Whether an application under Section 528 CrPC can be allowed to set aside pending criminal proceedings on the basis of a prior similar order.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Indian Penal Code — s. 120-B, 419, 420, 467, 468, 471
Subjects
- criminal procedure
- section 528 CrPC
- quash of criminal proceedings
- precedent
- co‑accused
- Indian Penal Code offences
- high court judgment
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 13063 of 2026
Parul Singh
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Phool Singh Yadav, Vaibhav Yadav
Counsel for Opposite Party(s) : G.A.
Court No. - 77
HON'BLE SAURABH SRIVASTAVA, J.
1. Heard learned counsel for applicant and learned A.G.A. for State.
2. At the very outset, learned counsel for applicant submitted that the co-
accused, namely, Gulab Singh and Another, whose role are similar and
identical to the present applicant in same case crime number, preferred an
Application u/s 528 BNSS no.25558 of 2025 (Gulab Singh and Another
vs. State of U.P. and Another), wherein this Court after considering the
submissions/arguments made by learned counsel for the parties, vide dated
21.11.2025 (Annexure no.5), has set-aside the entire proceedings in respect
of applicant therein and as such, the entire proceedings initiated against the
applicant in the same case crime number, is also liable to be quashed by this
Court.
3. Although, learned A.G.A. opposed the prayer sought through instant
application but did not dispute the fact in respect of judgment and order
dated 21.11.2025 passed by this Court.
4. It is apparent from the order dated 21.11.2025, which has been appended
as Annexure No.5 to the instant application, that the same has already been
adjudicated after considering the arguments raised by learned counsel for
opposite party no.2 and as such no notice is required to be issued upon
opposite party no.2 in this application.
5. In view of foregoing discussion and parity of the judgment and order
dated 21.11.2025 passed by this Court, which is applicable in favour of
applicant also, the entire proceedings in shape of Criminal Case No.20389 of
NA528 No. 13063 of 2026
2
2023, arising out of Case Crime No. 463 of 2022, under sections 419, 420,
467, 468, 471 & 120-B IPC, PS- Kotwali, District- Fatehpur, pending in the
court of learned Chief Judicial Magistrate, Fatehpur be also set-aside in
respect of applicant herein, in the light of judgment and order dated
21.11.2025 passed in case of Gulab Singh and Another (supra).
6. The instant application u/s 528 BNSS stands allowed accordingly.
April 1, 2026
Saif
(Saurabh Srivastava,J.)
Digitally signed by :-
SHAIKH SAIF ABDIN
High Court of Judicature at Allahabad
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