Allahabad High Court
SMT. VIMLA AND ANOTHERversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- NAND PRABHA SHUKLA
Holding
The Court declined to quash the criminal proceedings, finding that the allegations could not be dismissed at the preliminary stage.
Summary
The applicants, mother‑in‑law and father‑in‑law of the accused woman, filed an application under Section 528 of the Code of Criminal Procedure seeking to quash Criminal Case No. 21000 of 2024, which arose from an FIR under Sections 498‑A, 323, 506 IPC and Sections 3 and 4 of the Dowry Prohibition Act. They contended that the husband of the accused woman had died during the investigation, that the FIR was based on vague, omnibus allegations, and that cognizance should not have been taken against a deceased person. The Court examined the record and held that, at this stage, it could not be said that no offence was made out against the applicants and that the matters raised were factual disputes not suitable for a quash order. Consequently, the prayer to quash the proceedings was declined. The Court directed that the applicants may apply for bail or discharge within 45 days, with appropriate procedural safeguards, and ordered that no coercive measures be taken during that period.
Issues considered
- Whether the criminal proceedings under Sections 498‑A, 323, 506 IPC and Sections 3/4 D.P. Act should be quashed under Section 528 of the Code of Criminal Procedure on the ground of the death of the alleged perpetrator and alleged procedural abuse.
Legislation cited
- Code of Criminal Procedure — s. 528
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 323, 498-A, 506
Subjects
- quash of criminal proceedings
- Section 528 CPC
- procedural abuse
- death of accused
- bail application
- discharge application
- IPC 498A
- Dowry Prohibition Act
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 9569 of 2026
Smt. Vimla And Another
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Ashish Mishra
Counsel for Opposite Party(s) : G.A.
Court No. - 78
HON'BLE NAND PRABHA SHUKLA, J.
1. Heard Mr. Ashish Mishra, 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. 21000 of 2024,
arising out of Case Crime No. 60 of 2024, State of U.P. Vs. Sunil Kumar and
others, Under Sections 498-A, 323, 506 I.P.C. & 3/4 D.P. Act, Police
Station-Mahila Thana, District-Muzaffar Nagar, including charge sheet
dated 29.04.2024 as well as cognizance/summoning order dated 17.10.2024.
3. Learned counsel for the applicants submits that the applicant No. 1 is the
mother-in-law and applicant No. 2 is the father-in-law of opposite party No.
2 and the husband of opposite party No. 2 has died during the pendency of
the investigation. It has also been submitted that the opposite party No. 2 has
solemnized re-marriage and is residing at her new matrimonial home. It has
further been submitted that the husband of opposite party No. 2 has expired
yet the cognizance has been taken against the husband and the instant FIR
has been lodged on the basis of general and omnibus allegations.
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.
NA528 No. 9569 of 2026
2
6. 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 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.
March 25, 2026
Shivani
(Nand Prabha Shukla,J.)
Digitally signed by :-
SHIVANI SRIVASTAVA
High Court of Judicature at Allahabad
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