Allahabad High Court
PRASHANT PANDEYversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- NAND PRABHA SHUKLA
Holding
The court declined to quash the proceedings, finding no abuse of process or failure of justice at this stage.
Summary
The applicant filed an application under Section 528 of the BNSS seeking to quash criminal proceedings (Case No. 856 of 2025) involving offences under Sections 498A, 323, 504, 506, 354 of the IPC, the Dowry Prohibition Act and related charges. The High Court examined the record and held that at this stage no conclusion could be drawn that no offence was made out against the applicant, as the matters raised were factual disputes not suitable for adjudication in a quash application. Consequently, the court declined the prayer to quash the proceedings, noting that the power to quash is exercised only where there is a clear failure of justice or abuse of process. The court directed that if the applicant is not on bail, he may apply for bail within 45 days, and similarly may move for discharge within 45 days, with the trial court to dispose of such applications expeditiously. For the period of 45 days or until disposal of the discharge application, no coercive measures may be taken against the applicant. The application was therefore disposed of.
Issues considered
- Whether the application under Section 528 BNSS for quashing the criminal proceedings is maintainable.
- Whether there is a failure of justice or abuse of process that warrants quashing of the case.
Legislation cited
- BNSS — s. 528
- Dowry Prohibition Act, 1961 — s. 3, 4
- Indian Penal Code — s. 323, 354, 498A, 504, 506
Subjects
- quash
- criminal procedure
- bail
- discharge
- abuse of process
- dowry prohibition
- IPC offences
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 18733 of 2026
Prashant Pandey
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Vinay Kumar, Devdeep Malviya, Mata
Bux Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 78
HON'BLE NAND PRABHA SHUKLA, J.
1. Heard Mr. Devdeep Malviya, 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 with a
prayer to quash the entire proceedings of Case No. 856 of 2025 (Regarding
FIR No. 0150 of 2022) under Sections 498A, 323, 504, 506 & 354 of IPC,
1860 and 3/4 of Dowry Prohibition Act, 1961, Police Station-Shivkuti,
District-Prayagraj pending in the Court of Additional Chief Judicial
Magistrate Court No.02, Prayagraj along with Chargesheet dated 23.03.2024
and summoning order dated 26.05.2025 passed by the Court of Additional
Chief Judicial Magistrate, Court No.02, Prayagraj.
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
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.
NA528 No. 18733 of 2026
2
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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