Allahabad High Court
BRIJESH AND 3 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- NAND PRABHA SHUKLA
Holding
The court held that the application to quash the criminal proceedings under Section 528 CrPC must be declined as there is no demonstration of abuse of process or failure of justice.
Summary
The applicants filed an application under Section 528 of the Criminal Procedure Code seeking to quash the criminal proceedings (Criminal Case No. 69913 of 2024) arising from a matrimonial dispute that they claim has been resolved by compromise. The court examined the record and observed that the factual disputes underlying the charges under Sections 323, 498A and 504 IPC have not been resolved and therefore cannot be dismissed at this stage. It held that a quash order is only appropriate where there is a clear failure of justice or abuse of process, which was not demonstrated. Consequently, the prayer to quash the proceedings was declined. The court directed that if the applicants are not on bail they may apply for bail within 45 days, and that any application for discharge should be decided by the trial court within two weeks, with no coercive measures taken against the applicants during that period.
Issues considered
- Whether an application under Section 528 CrPC can be entertained to quash criminal proceedings on the ground of a private compromise in a matrimonial dispute.
- Whether the existence of factual disputes and lack of proof of abuse of process preclude the exercise of the power to quash.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Indian Penal Code — s. 323, 498A, 504
Subjects
- Section 528 CrPC
- quash criminal proceedings
- private compromise
- matrimonial dispute
- abuse of process
- bail
- discharge application
- Indian Penal Code
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 6153 of 2026
Brijesh And 3 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Brahma Nand Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 78
HON'BLE NAND PRABHA SHUKLA, J.
1. Heard Mr. Brahma Nand Singh, 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 quash the entire proceedings of Criminal Case No. 69913 of 2024
(State Vs. Brijesh & others) arising out of Case Crime No. 317 of 2022,
under Sections 323, 498A, 504 I.P.C., Police Station-Gagaha, District-
Gorakhpur pending in the Court of learned Additional Civil Judge (J.D.),
Court No.4, Gorakhpur as well as the cognizance order dated 07.11.2023
and charge sheet dated 07.08.2022 in view of the compromise in the
aforesaid case.
3. Learned counsel for the applicants submits that the matrimonial dispute
between the applicant No. 1 and the opposite party No. 2 has been resolved
and the opposite party No. 2 is residing with the applicant No. 1 at her
matrimonial home.
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. 6153 of 2026
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 7, 2026
Shivani Sri.
(Nand Prabha Shukla,J.)
Digitally signed by :-
SHIVANI SRIVASTAVA
High Court of Judicature at Allahabad
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