Shivam Vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2025)

Shivam Vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Prayer for quashing declined; application disposed of with directions that any discharge application moved by the applicant shall be decided by the Trial Court in accordance with law by a reasoned and speaking order within six weeks, and that no coercive measures shall be taken against the applicant till disposal of the discharge application.

Issue for consideration

Whether the entire proceedings of Complaint Case No. 7187 of 2024 under Section 498A IPC and the summoning order dated 24.01.2025 ought to be quashed under Section 528 BNSS.

Court's answer

From the material on record, at this stage it cannot be said that no offence is made out against the applicant; the submissions made at the bar relate to disputed questions of fact which cannot be adjudicated upon by this Court.

Ratio / Principle

The power to quash may be exercised only in cases where the Court finds failure of justice or abuse of procedure, to prevent abuse of process and secure the ends of justice.

Key takeaways

The prayer for quashing the proceedings and the summoning order is declined.ratio¶13
As the matter pertains to a warrant case instituted on a private complaint, if the applicant moves an application for discharge through counsel at an appropriate stage, the Trial Court shall dispose of it in accordance with law after giving opportunity of hearing to both parties by a reasoned and speaking order.ratio¶14
The discharge application, if moved, is to be decided within six weeks from the date of the application, if there is no other legal impediment.ratio

Detailed headnote1 paragraphs

Quashing application under S. 528 BNSS against proceedings of Complaint Case No. 7187 of 2024 (S. 498A IPC, P.S. Mirhachi, District Etah) and summoning order dated 24.01.2025 — declined. Held that on the material on record it cannot be said at this stage that no offence is made out; submissions raised disputed questions of fact not adjudicable by the High Court, the quashing power being exercisable only on failure of justice or abuse of procedure. Since the matter is a warrant case instituted on a private complaint, the applicant was left free to move a discharge application, which the Trial Court must decide in accordance with law after hearing both sides by a reasoned and speaking order within six weeks, if there is no other legal impediment; till then, no coercive measures against the applicant. Application disposed of (Nand Prabha Shukla, J.).

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 23534 of 2025

Shivam

.....Applicant(s)

Versus

State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s)	: Sudhir Kumar Tiwari
Counsel for Opposite Party(s)	: G.A.

Court No. - 80

HON'BLE NAND PRABHA SHUKLA, J.

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

This application under Section 528 BNSS has been filed to quash the entire proceeding of Complaint Case No. 7187 of 2024 (Smt. Seema Vs. Shivam and others) under Section 498A IPC, Police Station-Mirhachi, District-Etah and summoning order dated 24.01.2025, pending before learned Additional Chief Judicial Magistrate, Court No. 20, Etah.

Learned counsel for the applicant does not to wants to participate in the mediation proceedings.

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 applicant. 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.

Accordingly, prayer for quashing is declined.

However, in the interest of justice as the matter pertains to warrant case instituted on private complainant, it is provided that in case the applicant moves an application for discharge through counsel at an appropriate stage, the same shall be disposed of by the Trial Court in accordance with law after giving opportunity of hearing to both the parties by a reasoned and speaking

NA528 No. 23534 of 2025

2

order within six weeks from the date of the application, if there is no other legal impediment.

Till the disposal of the discharge application, no coercive measures shall be taken against the applicant in the aforesaid case.

With the aforesaid direction, this application is disposed of .

October 30, 2025 Shivani

(Nand Prabha Shukla,J.)

Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad