Allahabad High Court
ANIL KUMAR SHARMA AND 2 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- DEEPAK VERMA
Holding
The application under Section 528 CrPC to quash the criminal proceedings is refused.
Summary
The applicants filed an application under Section 528 of the Criminal Procedure Code seeking to quash the criminal proceedings initiated by the Additional Chief Judicial Magistrate, Meerut, in Complaint Case No. 50510 of 2019 (Devendra Kumar Sharma v. Anil Kumar Sharma & others) under Sections 504 and 506 of the IPC. The applicants argued that the complaint and accompanying evidence did not disclose any offence against them and that the trial court was already at an advanced stage, with prosecution witnesses being examined. The State opposed, contending that a prima facie case existed and that the applicants' contentions were factual disputes not suitable for adjudication at this juncture. The High Court rejected the prayer to quash the proceedings, holding that the application was premature and that the matter should be dealt with by the trial court if the applicants file a discharge application. The Court directed that any such discharge application be decided expeditiously, preferably within six weeks, and disposed of the Section 528 application.
Issues considered
- Whether an application under Section 528 CrPC to quash criminal proceedings is maintainable at the stage where the trial court is examining prosecution witnesses.
- Whether the complaint under Sections 504 and 506 IPC discloses a cognizable offence against the applicants.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 244, 528
- Indian Penal Code — s. 504, 506
Subjects
- Section 528 CrPC
- quash criminal proceeding
- discharge application
- criminal intimidation
- procedural law
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 37639 of 2026
Anil Kumar Sharma And 2 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Dhruv Rastogi
Counsel for Opposite Party(s) : G.A.
Court No. - 74
HON'BLE DEEPAK VERMA, J.
1. Heard learned counsel for the applicants and learned A.G.A. for the
State.
2. The present application u/s 528 BNSS has been filed to quash the entire
proceedings as well as order dated 20.09.2021 through which the learned
Additional Chief Judicial Magistrate-5th, Meerut took the cognizance and
summoned the applicants in Complaint Case No. 50510 of 2019
(Devendra Kumar Sharma vs Anil Kumar Sharma and others) Under
Section 504, 506 of Indian Penal Code1860 registered at Police Station-
Civil Lines, District- Meerut.
3. Learned counsel for the applicants submits that the applicants have
challenged the order dated 20.09.2021 and submitted that on perusal of
complaint and other materials evidence, no offence is made out against
the applicants. The order annexed with the application reveals that the
proceedings before the trial court are at advance stage and the prosecution
witnesses are being examined u/s 244 Cr.P.C. and the proceedings before
the trial court is posted for evidence.
4. Per contra, learned AGA opposed the submission of applicant's
counsel and submitted that prima facie, offence under the alleged sections
is made out against the applicants. He further submitted that submission
raised by applicant's counsel, are disputed question of facts, which cannot
be entertained at this stage.
5. The prayer for quashing the entire proceedings, charge sheet,
cognizance/summoning order of the aforesaid case against the applicant
NA528 No. 37639 of 2026
2
is, hereby, refused.
6. However, if applicants moves discharge application before the
concerned court below before appropriate stage, the court below shall
decide their application in accordance with law, expeditiously, preferably
within a period of six weeks from the date of filing of discharge
application.
7. With the above directions, the present application u/s 528 BNSS is
disposed of.
(Deepak Verma,J.)
September 9, 2026
Nisha
Digitally signed by :-
nisha kumari
High Court of Judicature at Allahabad
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