Allahabad High Court

SARVESH KUMAR AND ANOTHERversusSTATE OF U.P. AND ANOTHER

Decided: 5 May 2026
Bench: NAND PRABHA SHUKLA

Holding

The Court held that the application for quashing under Section 528 CrPC must be declined as the facts do not establish the absence of an offence and the matter involves disputed factual issues.

Summary

The applicants filed an application under Section 528 of the Criminal Procedure Code seeking to quash the criminal proceedings, including the charge sheet and summons, in a case involving alleged offences under Sections 85, 115(2), 352, 351(2) of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act. The High Court examined the record and observed that the material on file does not demonstrate that no offence has been made out against the applicants; the disputes are factual in nature and cannot be resolved at this stage. The Court reiterated that Section 528 can be invoked only where there is a clear failure of justice or abuse of process, which was not evident here. Consequently, the prayer for quashing was declined. The Court directed that if the applicants are not on bail, they may apply for bail within 45 days, and any application for discharge must be decided by the trial court within two weeks, with no coercive measures to be taken during that period. The application was therefore disposed of.

Issues considered

Whether the High Court can quash the criminal proceedings under Section 528 CrPC in the present case.
Whether there is a failure of justice or abuse of process warranting the exercise of power under Section 528.
Whether the facts on record show that no offence is made out against the applicants.

Legislation cited

Dowry Prohibition Act — s. 3, 4
Indian Penal Code — s. 115(2), 351(2), 352, 85

Subjects

Section 528 CrPC
quash criminal proceedings
failure of justice
abuse of process
bail application
discharge application
Dowry Prohibition Act

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 17376 of 2026

Sarvesh Kumar And Another
.....Applicant(s)
Versus

State of U.P. and Another
.....Opposite
Party(s)

Counsel for Applicant(s) : Manoj Kumar, Vinay Kumar
Counsel for Opposite Party(s) : G.A., Harendra Yadav

Court No. - 78
HON'BLE NAND PRABHA SHUKLA, J.

1. Heard Sri Manoj Kumar, learned counsel for the applicants, Sri Harendra
Yadav, learned counsel for 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 to allow
this application and quash the entire criminal proceedings including the
impugned charge sheet No.41 of 2026 dated 27.01.2026 and summoning
order dated 11.03.2026 passed by the learned Chief Judicial Magistrate,
Kanpur Nagar in Criminal Case No. 27650 of 2026 (State Vs. Sarvesh and
others), arising out of the Case Crime No. 643 of 2025, under Sections 85,
115(2), 352, 351(2) Β.N.S. and Sections 3/4 Dowry Prohibition Act, Police
Station-Chakeri, District- Purvi (Commissionerate Kanpur Nagar), pending
before the learned Chief Judicial Magistrate, Kanpur Nagar.

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
NA528 No. 17376 of 2026
2

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
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.

(Nand Prabha Shukla,J.)
May 6, 2026
Puspendra

Digitally signed by :-
PUSPENDRA NARAYAN SINGH
High Court of Judicature at Allahabad

Continue reading with your account

Checking your session…