Allahabad High Court
SMT SAVITA AND 2 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- NAND PRABHA SHUKLA
Holding
The court held that the non‑bailable warrant shall remain in abeyance if the applicants appear and cooperate in the trial, but may be proceeded against if they fail to do so.
Summary
The applicants, sister‑in‑law of the informant, filed an application under Section 528 of the BNSS seeking to quash a non‑bailable warrant dated 18‑May‑2018 issued in a criminal case (Crime No.99 of 2014) involving offences under Sections 498A, 323, 504, 506 IPC and Sections 3 and 4 of the Dowry Prohibition Act. They asserted that they have no involvement in the alleged offences, are married women residing in their matrimonial homes, and are willing to cooperate with the trial. The court accepted their undertaking to appear before the trial court and ordered that the warrant would remain in abeyance provided they cooperate; otherwise the proceedings may continue against them. The application was consequently disposed with the conditional stay of the warrant.
Issues considered
- Whether the non‑bailable warrant issued against the applicants can be quashed or held in abeyance under Section 528 of the BNSS.
- Whether the applicants, being sister‑in‑law of the informant, are liable to be proceeded against in the pending criminal case.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 323, 498A, 504, 506
Subjects
- non‑bailable warrant
- Section 528
- BNSS
- IPC 498A
- Dowry Prohibition Act
- conditional bail
- criminal procedure
- trial cooperation
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 17660 of 2026
Smt Savita And 2 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Ajay Singh Yadav
Counsel for Opposite Party(s) : G.A.
Court No. - 78
HON'BLE NAND PRABHA SHUKLA, J.
1. Heard Sri Ajay Singh Yadav, learned counsel for the applicants,
learned AGA 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 order of Non-Bailable
Warrant dated 18.5.2018 issued by the learned Additional Chief Judicial
Magistrate, Court No.8, Ghaziabad in Case No. 123 of 2016 (State vs.
Vinod and others) pending before the Civil Judge (Senior
Division)/F.T.C.-1 (Crimes against women), Ghaziabad) in relation to
Case Crime No.99 of 2014, under sections 498A, 323, 504, 506 of I.P.C.
and section of Act, 3/4 Dowry Prohibition Act, Police Station Mahila
Thana, District Ghaziabad and charge sheet dated 22.6.2014 submitted by
the Investigating Officer against the applicants in Case Crime No.99 of
2014, under sections 498A, 323, 504, 506 of I.P.C. and section 3/4 of
Dowry Prohibition Act, Police Station Mahila Thana, District Ghaziabad
including the impugned cognizance and summoning order dated
15.1.2016 passed by the learned Additional Chief Judicial Magistrate,
Court No.8, Ghaziabad in the above mentioned case.
3. Learned counsel for the applicants submits that the applicants are
sister-in-law of the informant and are married women and now living in
their matrimonial house and have no concern with the informant. He
further submits that non-bailable warrant was issued vide order dated
18.5.2018 against the applicants. The applicants are ready to cooperate
and participate in the trial proceedings.
4. Learned counsel for the applicants gives an undertaking that the
NA528 No. 17660 of 2026
2
applicants shall appear before the Court concerned and cooperate in the
trial.
5. In view of above, in case, the applicants appear and participate in the
trial proceeding before the Court concerned, Non-Bailable Warrant dated
18.5.2028 issued against the applicants shall remain in abeyance.
6. It is made clear that in case the applicants do not cooperate and
participate in the trial proceeding, the Court can proceed against the
applicants.
7. With the above observations, 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
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