Allahabad High Court
BHANU ALIAS MANU ALIAS RISHABH CHAURASIYAversusSTATE 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 and holding that factual disputes cannot be decided at the stage of a Section 528 application.
Summary
The applicant, Bhanu alias Manu alias Rishabh Chaurasiya, filed an application under Section 528 of the CrPC seeking to quash the criminal proceedings, charge‑sheet and cognizance order in Crime No. 0132 of 2024, which involved offences under Sections 498‑A, 354, 323, 504, 506, 376 of the IPC and Sections 3 and 4 of the D.P. Act. The High Court examined the material and held that at this stage it could not be said that no offence was made out against the applicant; the disputes were factual and not suitable for adjudication in a quash application. The court noted that its power to quash is limited to cases of clear abuse of process or failure of justice, which were not evident here. Consequently, the prayer to quash the proceedings was declined. The court directed that if the applicant is not on bail, a bail application may be filed within 45 days, and a discharge application may also be filed within 45 days, with a stay on coercive measures for that period. The application was therefore disposed of.
Issues considered
- Whether the application under Section 528 CrPC for quashing the criminal proceedings should be entertained.
- Whether there is a failure of justice or abuse of process warranting the quash of the charge‑sheet and cognizance order.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 323, 354, 376, 498-A, 504, 506
Subjects
- quash of criminal proceedings
- Section 528 CrPC
- abuse of process
- bail application
- discharge application
- IPC offences
- Dowry Prohibition Act
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 51464 of 2025
Bhanu Alias Manu Alias Rishabh Chaurasiya
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Devesh Kumar Shukla
Counsel for Opposite Party(s) : Arun Bhanu Shukla, Shubhangini
Dwivedi, G.A., Ram Raksha Tiwari
Court No. - 78
HON'BLE NAND PRABHA SHUKLA, J.
1. Heard Mr. Kapil Dwivedi, learned counsel for the applicants, Ms. Saumya
Dwadash Shreni holding brief of Ms. Shubhangini Dwivedi, learned counsel
for the opposite party No. 2, 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 as well as impugned charge-sheet
dated 15.06.2025 and cognizance order dated 03.10.2025 in Case Crime
No.0132 of 2024, under Section 498-A, 354, 323, 504, 506, 376 of I.P.C. &
Section 3/4 of the D.P. Act, Police Station Kydganj, Commissionerate
Prayagraj, pending in the court of learned Additional Chief Judicial
Magistrate, Court No.5, Allahabad.
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
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.
4. Accordingly, prayer for quashing is declined.
5. In case, the applicants are not on bail, it is directed that if the applicants
appear or surrender through counsel before the Trial Court and makes an
NA528 No. 51464 of 2025
2
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
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.
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
applicants in the aforesaid case.
8. With the aforesaid direction, this application is disposed of.
(Nand Prabha Shukla,J.)
May 15, 2026
Aditya Tripathi
Digitally signed by :-
ADITYA TRIPATHI
High Court of Judicature at Allahabad
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