Allahabad High Court
SAROJ DEVIversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- NAND PRABHA SHUKLA
Holding
The application for quashing the cognizance and charge sheet is dismissed.
Summary
The applicant, Saroj Devi, filed an application under Section 528 seeking to quash the cognizance and summoning order dated 5 March 2022 and the charge sheet dated 13 June 2021 in Crime No. 0314 of 2021, which alleged offences under IPC sections 498A, 323, 504, 506 and the Dowry Prohibition Act. The High Court examined the record and held that, at the preliminary stage, it could not be said that no offence was made out against the applicant, as the disputes were factual and not suitable for adjudication in a Section 528 application. Consequently, the court declined the prayer to quash the proceedings. The court directed that if the applicant is not on bail, he may apply for bail within 45 days, and that any application for discharge filed within the same period must be decided by the trial court within two weeks. No coercive measures were to be taken against the applicant for 45 days or until the discharge application is disposed of. The application was therefore disposed of.
Issues considered
- Whether the High Court can quash the cognizance and charge sheet under Section 528 on the ground of lack of offence.
- Whether there is a failure of justice or abuse of process warranting the exercise of power to quash.
- Whether the applicant is entitled to bail pending trial.
Legislation cited
- Code of Criminal Procedure — s. 528
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 323, 498A, 504, 506
Subjects
- quash of criminal proceedings
- Section 528
- bail
- dowry prohibition
- criminal procedure
- abuse of process
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 18783 of 2026
Saroj Devi
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Harsh Tiwari, Saumitra Tiwari, Yogesh
Narayan Shukla
Counsel for Opposite Party(s) : G.A.
Court No. - 78
HON'BLE NAND PRABHA SHUKLA, J.
1. Heard Mr. Yogesh Narayan Shukla, 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 proceeding of impugned cognizance and
summoning order dated 05.03.2022 passed by learned Civil Judge (J.D.),
Fast Track Court (Crime Against Women) Judicial Magistrate, Mathura, as
well as impugned charge sheet dated 13.06.2021 arising out of Case Crime
No. 0314 of 2021, under Sections 498A, 323, 504, 506 of IPC and 3/4 of
Dowry Prohibition Act, Police Station-Kotwali, District-Mathura.
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.
6. However, in the interest of justice, it is further provided that in case the
NA528 No. 18783 of 2026
2
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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