Allahabad High Court
FURQAN AND ANOTHERversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
The application for quashing the criminal proceedings is dismissed.
Summary
The applicants, Furqan and another, filed an application under Section 528 of the Criminal Procedure Code seeking to quash the criminal proceedings (Case No. 23772 of 2025) arising from FIR No. 193 of 2022 alleging offences under Sections 307, 504 and 506 of the IPC. The High Court examined the FIR, the impugned order, the charge‑sheet and the injury report and found no merit to interfere with the proceedings. Consequently, the court refused the prayer to quash the case. However, the court directed that if the applicants surrender within 15 days and apply for bail, their bail applications shall be considered expeditiously, citing Satender Kumar Antil v. CBI. The court also ordered that no coercive action be taken against the applicants during the 15‑day period.
Issues considered
- Whether the High Court can quash the criminal proceedings under Section 528 CrPC on the facts presented.
- Whether any ground exists for interference with the trial court’s order, charge‑sheet and FIR.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Indian Penal Code — s. 307, 504, 506
Subjects
- quashing of criminal proceedings
- Section 528 CrPC
- IPC offences
- bail
- coercive action
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 15372 of 2026
Furqan And Another
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Anupam Tripathi
Counsel for Opposite Party(s) : G.A.
Court No. - 77
HON'BLE SAURABH SRIVASTAVA, J.
1. Heard learned counsel for applicants and learned AGA
appearing for the State.
2. This application has been filed for seeking quashing of entire
proceeding of Case No.23772 of 2025 (State Vs. Furqan and
another), arising out of Case Crime No.193 of 2022, under
Sections 307, 504, 506 IPC, P.S. Roza, District Shahjahanpur,
pending in the court of learned Additional Chief Judicial
Magistrate-Ist, Shahjahanpur.
3. On perusal of the narration of FIR as well as impugned order
and chargesheet along with injury report, this Court does not find
it to be a case where interference of this Court is required. No
such ground appears to be available in the present application, on
the basis of which, impugned order along with chargesheet and
entire proceedings of the said case, can be set aside.
4. Accordingly, the prayer sought through the instant application,
is refused.
5. Lastly, learned counsel for applicants has submitted that liberty
may be granted to applicants to surrender before the court
concerned and apply for bail to which learned AGA has no
objection.
6. In view of the aforesaid, the instant application is finally
NA528 No. 15372 of 2026
2
disposed of with a direction to the court concerned that in case,
the applicants surrender before the court concerned within a
period of 15 days from today and apply for bail, their bail
application shall be considered and decided expeditiously in
accordance with law laid down in the case of Satender Kumar
Antil Vs. Central Bureau of Investigation and another (2022
SCC OnLine SC 825).
7. However, it is made clear that till 15 days from today, no
coercive action shall be taken against applicants herein in
pursuance of aforesaid case.
May 7, 2026
Vivek Kr.
(Saurabh Srivastava,J.)
Digitally signed by :-
VIVEK KUMAR
High Court of Judicature at Allahabad
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