Allahabad High Court
NAIMversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- NAND PRABHA SHUKLA
Holding
The application for quashing was dismissed as the court found no failure of justice or abuse of process and could not determine the disputed facts at this stage.
Summary
The applicant, Naim, filed an application under Section 528 of the Code of Criminal Procedure seeking to quash the criminal proceedings (Case No. 117/9 of 2017) instituted by the State of Uttar Pradesh under Section 376‑D IPC and related offences, as well as to set aside the charge‑sheet and a non‑bailable warrant. The High Court examined the material and observed that the existence of an offence against the applicant had not been conclusively disproved; the matters raised were factual disputes that could not be decided at this stage. The Court noted that quashing is permissible only where there is a clear failure of justice or abuse of process, which was not demonstrated. Consequently, the prayer for quashing was declined. The Court directed that if the applicant is not on bail, he may apply for bail or discharge within 45 days, and that no coercive measures be taken during that period.
Issues considered
- Whether an application under Section 528 CrPC for quashing criminal proceedings can be entertained when the existence of an offence is not conclusively disproved and no abuse of process is shown.
Legislation cited
- Code of Criminal Procedure — s. 528
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 323, 354, 376-D, 377, 498-A, 504, 506
Subjects
- quash of criminal proceedings
- Section 528 CrPC
- abuse of process
- bail
- non‑bailable warrant
- procedural law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 18563 of 2026
Naim
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Saurabh Kumar
Counsel for Opposite Party(s) : G.A.
Court No. - 78
HON'BLE NAND PRABHA SHUKLA, J.
1. Heard Sri Saurabh Kumar, learned counsel for the applicant, 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 proceeding of Case No. 117/9 of 2017
(State Vs. Naim and another) under Section 376-D Indian Penal Code,
arising out of Case Crime No. 51 of 2016, under Sections 498-A, 323, 354,
504, 506, 377 I.P.C. and 3/4 of Dowry Prohibition Act, Police Station-
Mahila Thana, District-Muzaffar Nagar pending in the Court of learned
Chief Judicial Magistrate, Muzaffar Nagar and further be pleased to quash
the impugned Charge-sheet No. 75-A of 2016 dated 10.12.2016 filed under
Sections 376-D, Indian Penal Code, Police Station-Mahila Thana, District-
Muzaffar Nagar as well as Non- Bailable Warrant issued against the
applicant.
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.
NA528 No. 18563 of 2026
2
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
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.
(Nand Prabha Shukla,J.)
May 6, 2026
Puspendra
Digitally signed by :-
PUSPENDRA NARAYAN SINGH
High Court of Judicature at Allahabad
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