Allahabad High Court
AKASH TIWARIversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- NAND PRABHA SHUKLA
Holding
The court declined to quash the criminal proceedings, finding that an offence appears to be made out and factual disputes cannot be resolved at this stage.
Summary
The applicant, Akash Tiwari, filed an application under Section 528 of the BNSS seeking to quash the criminal case (State Vs. Akash Tiwari) filed under sections relating to dowry harassment and other offences. The court examined the material and held that, at the interlocutory stage, it could not be said that no offence was made out against the applicant, as the matters raised were factual disputes. Consequently, the court declined to exercise its power to quash the proceedings. The court directed that if the applicant is not on bail, he may apply for bail within 45 days, and may also move for discharge within the same period, with the trial court to dispose of such applications promptly. No coercive measures were to be taken against the applicant for 45 days or until the discharge application is disposed. The application was therefore dismissed.
Issues considered
- Whether the application under Section 528 BNSS for quashing the criminal proceedings should be allowed.
- Whether there is a failure of justice or abuse of process warranting the quash of the case.
Legislation cited
- B.N.S. — s. 115(2), 351(2), 352, 85
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 323, 498A, 504, 506
Subjects
- quash of criminal proceedings
- Section 528 BNSS
- abuse of process
- bail
- discharge application
- dowry harassment
- procedural law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 16156 of 2026
Akash Tiwari
.....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.
1. Heard Mr. Santosh Kumar Shukla, learned counsel for the applicant, 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. 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.
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
applicant. 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 applicant is not on bail, it is directed that if the applicant
appears or surrenders through counsel before the Trial Court and makes an
NA528 No. 16156 of 2026
2
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
applicant moves 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
applicant in the aforesaid case.
8. 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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