Allahabad High Court
RAM KISHAN RAIKWAR AND 3 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- NAND PRABHA SHUKLA
Holding
The application for quashing the charge sheet and proceedings is declined.
Summary
The applicants filed an application under Section 528 of the Criminal Procedure Code seeking to quash the charge sheet and proceedings in a criminal case involving offences under Sections 498-A, 323, 352, 506 IPC and Sections 3 and 4 of the Dowry Prohibition Act. They argued that the matrimonial relationship between one applicant and the opposite party had been dissolved by a divorce decree, contending that no offence could arise. The Court examined the record and held that, at this stage, it could not be said that no offence was made out, as the matters raised were factual disputes not suitable for adjudication in a quash application. Consequently, the Court declined the prayer for quashing, but directed that the applicants may apply for bail or discharge within 45 days, with appropriate procedural safeguards. The application was therefore disposed of without granting the quash.
Issues considered
- Whether the charge sheet and proceedings can be quashed under Section 528 of the Criminal Procedure Code.
- Whether the dissolution of the matrimonial relationship negates the applicability of offences under Section 498-A IPC and the Dowry Prohibition Act.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 323, 352, 498, 498-A, 506
Subjects
- quash application
- Section 528
- Criminal Procedure Code
- Indian Penal Code
- Dowry Prohibition Act
- bail
- discharge
- abuse of process
- justice
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 49227 of 2025
Ram Kishan Raikwar And 3 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Hare Krishna Tripathi
Counsel for Opposite Party(s) : G.A.
Court No. - 78
HON'BLE NAND PRABHA SHUKLA, J.
1. Heard Mr. Hare Krishna Tripathi, learned counsel for the applicants,
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 allow the present application and quash the charge sheet dated
29.01.2023 including cognizance order dated 16.09.2025 as well as entire
proceedings of Criminal Case No. 42612 of 2025, State Versus Ravi
Raikwar and others, Case Crime No. 606 of 2022, under Sections 498-A,
323, 352, 506 I.P.C. and Section 3/4 of D.P. Act, Police Station-Sipari
Bazar, District-Jhansi, pending in the court of learned Chief Judicial
Magistrate, Jhansi.
3. Learned counsel for the applicants submits that the matrimonial
relationship between the applicant No. 3 and the opposite party No. 2 has
been dissolved through decree of divorce dated 11.11.2024 and no more
matrimonial relationship exists between the parties.
4. 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
applicants. 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.
5. Accordingly, prayer for quashing is declined.
6. In case, the applicants are not on bail, it is directed that if the applicants
NA528 No. 49227 of 2025
2
appear or surrender through counsel before the Trial Court and make 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.
7. However, in the interest of justice, it is further provided that in case the
applicants move 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.
8. 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
applicants in the aforesaid case.
9. With the aforesaid direction, this application is disposed of.
May 14, 2026
Shivani Sri.
(Nand Prabha Shukla,J.)
Digitally signed by :-
SHIVANI SRIVASTAVA
High Court of Judicature at Allahabad
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