Brijesh And 3 Others vs State Of U.P. And Another
- Neutral2026:AHC:105564
Ratio decidendi
The rule this decision rests on
The power to quash criminal proceedings under Section 528 BNSS is exercisable only where the court finds that there has been a failure of justice or an abuse of procedure, and not on the basis of disputed questions of fact that require adjudication at trial. Where applicants are not on bail and move an application for bail within 45 days of the order, the trial court shall consider and dispose of the bail application expeditiously after affording opportunity to the other side. Where applicants move an application for discharge within 45 days through counsel, the trial court shall dispose of the discharge application by a reasoned and speaking order in accordance with law within two weeks thereafter. For a period of 45 days or until disposal of a discharge application, whichever is earlier, no coercive measures shall be taken against the applicants.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
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 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.
(Nand Prabha Shukla,J.)
May 7, 2026
Shivani Sri.
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