Rajat And 3 Others vs State Of U.P. And Another
- Neutral2026:AHC:106319
Ratio decidendi
The rule this decision rests on
The power to quash criminal proceedings under Section 528 BNSS should be exercised only in cases where the Court finds there has been a failure of justice or abuse of procedure; where the questions in dispute are matters of fact, the Court will not exercise this power at the stage of summoning order and charge-sheet, as such factual disputes must be adjudicated upon by the Trial Court. Where applicants are not on bail and make an application for bail before the Trial Court within 45 days, such application shall be considered and disposed of expeditiously after giving opportunity to the other side. Where applicants move an application for discharge at an appropriate stage within 45 days, the Trial Court shall dispose of it 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
HON'BLE NAND PRABHA SHUKLA, J. 1. Heard Mr. Sushil Dubey, learned counsel for the applicants, Mr. Sandeep Kumar Srivastava, 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 summoning order dated 29.02.2022 passed by learned Civil Judge (J.D.)/F.T.C.,IInd and charge-sheet No. 19 of 2021 dated 13.12.2021 under Sections 498A, 506 IPC and 3/4 of Dowry Prohibition Act as well as entire proceeding of Case No. 33 of 2021 (State v. Rajat and Others) under Sections 498A, 506 IPC and 3/4 of Dowry Prohibition Act, Police Station-Mahila Thana, District-Amroha pending in the Court of learned Civil Judge (J.D.)/F.T.C., IInd Amroha.
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 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 7, 2026
Aditya Tripathi
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