Allahabad High Court
DEEPAK KUMAR AND 2 OTHERSversusSTATE OF U.P THROUGH PRINCIPAL SECRETARY(HOME) U.P., LUCKNOW AND ANOTHER
- Decided
- Bench
- GAUTAM CHOWDHARY
Holding
The Court refused to quash the impugned order, staying the non‑bailable warrant for three weeks and directing the applicants to surrender and seek bail.
Summary
The applicants filed an application under Section 528 of the B.N.S.S. seeking to quash the criminal proceedings (S.S.T. No.40 of 2016) arising from Complaint No.23 of 2016 (Subhash Arya v. Deepak Kumar & others) and the summoning order dated 23‑04‑2016. They alleged that a matrimonial dispute had been maliciously converted into a criminal case, that no offence was disclosed against them, and that the non‑bailable warrant issued was intended to harass them. The Court examined the materials and held that the matter involved factual disputes and evidence appraisal, making it unsuitable for a quash order at this stage. Consequently, the application for quashing was refused, but the Court directed that the non‑bailable warrant be kept in abeyance for three weeks and that the applicants surrender and apply for bail. The application was therefore disposed of.
Issues considered
- Whether the summoning order and non‑bailable warrant can be quashed under Section 528 of the B.N.S.S.
- Whether the criminal prosecution is mala fide and lacks a disclosed offence
Legislation cited
- B.N.S.S. — s. 528
- Indian Penal Code — s. 323, 392, 427, 504, 506
Subjects
- quash
- section 528
- non-bailable warrant
- bail
- criminal prosecution
- matrimonial dispute
- Allahabad High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 14660 of 2026
Deepak Kumar And 2 Others
.....Applicant(s)
Versus
State Of U.P Through Principal Secretary(Home)
U.P., Lucknow And Another .....Opposite
Party(s)
Counsel for Applicant(s) : Karma Singh Yadav, Meenu Verma,
Neeraj Kumar
Counsel for Opposite Party(s) : G.A.
Court No. - 82
HON'BLE DR. GAUTAM CHOWDHARY, J.
1. Heard learned counsel for the applicants and learned A.G.A. for the
State.
2. The present application under Section 528 of B.N.S.S., has been filed
praying for quashing the proceedings arising out of S.S.T. No. 40 of 2016
arising out of Complaint Case No. 23 of 2016 (Subhash Arya Vs. Deepak
Kumar and others) under Section 392, 323, 504, 506, 427 I.P.C., Police
Station Piluwa, District Etah pending before learned Special Judge
(Dacoity Affected Area), District Etah and also to quash the summoning
order dated 23.04.2016.
3. Learned counsel for the applicant has contended that the matrimonial
dispute has been dragged in criminal prosecution of the applicants and
after issuance of summoning order, non-bailable-warrant is also running
against the applicants. The contention of learned counsel for the
applicants is that no offence against the applicants is disclosed and the
present prosecution has been instituted with a malafide intention for the
purpose of causing harassment. He pointed out certain documents and
statements in support of his contention.
4. Having heard the learned counsel for the applicants and perused the
materials brought on record, it does not appear to be a fit case praying for
quashing of impugned order. The prayer praying for quashing of same is
hereby refused, at this stage as the argument raised by learned counsel for
the applicants involves factual disputes and appraisal of evidence.
5. However, looking at the nature of offence alleged and attending facts
and circumstances of the case, as have been brought on record, it is
directed that if the applicants appear and surrender before the court below
within three weeks from today and apply for bail, their prayer for bail
shall be considered and decided in accordance with law.
NA528 No. 14660 of 2026
2
6. For a period of three weeks from today, the non-bailable warrant
issued against the applicants shall be kept in abeyance.
7. The present application stands disposed of.
(Dr. Gautam Chowdhary,J.)
April 20, 2026
S.Ali
Digitally signed by :-
SHAUKAT ALI
High Court of Judicature at Allahabad
Checking your session…