Allahabad High Court
YUNUS KHAN AND 2 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- MADAN PAL SINGH
Holding
The application for quashing under Section 528 CrPC is dismissed as no ground for abuse of process is established.
Summary
The applicants filed an application under Section 528 of the Criminal Procedure Code seeking quashing of a charge order dated 12‑12‑2025 and the entire proceedings of Sessions Case No. 2009 of 2025, relating to offences under Sections 323, 307, 504 and 506 IPC. The counsel argued that no offence was made out against the applicants and that the prosecution was instituted with a mala fide intention to harass. The Court examined whether any of the Supreme Court‑recognised grounds for quashing, such as abuse of process, were satisfied. Finding no such ground, the Court refused the prayer to quash the proceedings. Instead, it directed the trial court to dispose of the case expeditiously, preferably within two years, and to avoid frivolous adjournments. The application was therefore disposed of without granting the quash order.
Issues considered
- Whether the charge order and the entire criminal proceedings can be quashed under Section 528 CrPC.
- Whether the prosecution was instituted with mala fide intent constituting abuse of the process of the Court.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Indian Penal Code — s. 307, 323, 504, 506
Subjects
- Section 528 CrPC
- quash of criminal proceedings
- abuse of process
- expeditious trial
- IPC offences
- harassment claim
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 32429 of 2026
Yunus Khan And 2 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Ajay Kumar Dwivedi
Counsel for Opposite Party(s) : G.A.
Court No. - 81
HON'BLE MADAN PAL SINGH, J.
1. Heard Shri Ajay Kumar Dwivedi, learned counsel for the applicants,
learned A.G.A. for the State-respondent, and perused the record.
2. The present application has been filed seeking quashing of the charge
order dated 12-12-2025, as well as the entire proceedings of Sessions
Case No. 2009 of 2025, arising out of Case Crime No. 66 of 2024,
under Sections 323/34, 307/34, 504 and 506 IPC, P.S. Rajawali,
District Firozabad.
3. Learned counsel for the applicants submits that no offence is made out
against the applicants and that the present prosecution has been
instituted with a mala fide intention to cause harassment.
4. In the absence of any of the grounds recognized by the Hon'ble
Supreme Court which may justify quashing of the complaint or the
impugned proceedings, the prayer for quashing the same is refused, as
no abuse of the process of the Court is made out. At this stage, learned
counsel for the applicants confines his prayer to a direction for
expeditious disposal of the trial.
5. In view of the prayer made by the applicants, the instant application is
disposed of with an observation that the trial court shall make all
endeavour to decide the aforesaid case expeditiously, in accordance
with law, preferably within a period of two years from the date of
production of a certified copy of this order. It is made clear that no
frivolous adjournment shall be granted to either side.
(Madan Pal Singh,J.)
September 17, 2026
pks
Digitally signed by :-
PANKAJ KUMAR SRIVASTAVA
High Court of Judicature at Allahabad
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