Krishan Darshan and Another Vs State of U.P. and 2 Others — Dowry and Cruelty | Allahabad HC (2025)

Krishan Darshan and Another Vs State of U.P. and 2 Others — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Application dismissed as withdrawn with liberty to the applicants to file a bail application before the court concerned; no coercive action against the applicants for 15 days; direction to the court concerned to decide the bail application expeditiously without unnecessary adjournments, keeping in mind the principles in Satender Kumar Antil v. CBI, (2021) 10 SCC 773.

Issue for consideration

Whether the applicants may be permitted to withdraw their application for quashing the criminal proceeding, with liberty to file a bail application before the court below.

Court's answer

The application was dismissed as withdrawn upon counsel's request (with no objection from the learned AGA), with liberty to the applicants to approach the court concerned for bail.

Ratio / Principle

To enable the applicants to approach the court concerned for bail, no coercive action shall be taken against them for a period of 15 days.

Key takeaways

If the applicants prefer a bail application before the court concerned, that court shall decide it expeditiously without granting unnecessary adjournment to any party, keeping in mind the principles of law laid down in Satender Kumar Antil v. Central Bureau of Investigation and another, (2021) 10 SCC 773.ratio¶5

Detailed headnote1 paragraphs

Criminal Procedure - Quashing application under S. 528 BNSS - Dismissal as withdrawn with liberty to seek bail - Protection from coercive action for 15 days. (High Court of Judicature at Allahabad, Court No. 76, Vikram D. Chauhan, J.; Neutral Citation 2025:AHC:145689; Order dated 23.8.2025) Krishan Darshan and another sought quashing of the charge sheet dated 04.11.2014, cognizance order dated 12.12.2014 and Non-Bailable Warrant dated 09.11.2017 in Case No. 6589 of 2014 arising out of Case Crime No. 190 of 2014 under Sections 498-A, 323, 504, 506 I.P.C. & 3/4 Dowry Prohibition Act, 1961, Police Station Mahila Thana, District Ghaziabad, pending before Additional Civil Judge (J.D.) F.T.C-I, Ghaziabad. On counsel's request and with no objection from the learned AGA, the application was dismissed as withdrawn with liberty to approach the court concerned for bail; no coercive action was directed against the applicants for 15 days; and the court below was directed to decide any bail application expeditiously without unnecessary adjournments, keeping in mind the principles of law laid down in Satender Kumar Antil v. Central Bureau of Investigation and another, (2021) 10 SCC 773.

Neutral Citation No. - 2025:AHC:145689

Court No. - 76

Case :- APPLICATION U/S 528 BNSS No. - 24713 of 2025

Applicant :- Krishan Darshan And Another Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Ankur Varshney,Kuldeep Singh Tomar Counsel for Opposite Party :- G.A.

Hon'ble Vikram D. Chauhan,J.

Heard learned counsel for the applicants and learned AGA for the State.

This application has been filed by the applicants for quashing the impugned charge sheet dated 04.11.2014, cognizance order dated 12.12.2014 as well as Non Bailable Warrant dated 09.11.2017 (State Vs. Krishna Darshan & others) in Case No. 6589 of 2014 arising out of Case Crime No. 190 of 2014 under Sections 498-A, 323, 504, 506 I.P.C. & 3/4 Dowry Prohibition Act, 1961, Police Station Mahila Thana, District Ghaziabad, pending in the court of Additional Civil Judge (J.D.) F.T.C-I, Ghaziabad and to quash the entire criminal proceeding pursuant to the above noted case.

After some argument, learned counsel for the applicants states that he may be permitted to withdraw this application with liberty to file bail application before the court below.

Learned AGA has no objection to the prayer made by learned counsel for the applicants.

Under the circumstances, the present application is dismissed as withdrawn with liberty to applicants to approach the court concerned for bail. In order to enable the applicants to approach the court concerned for bail, for a period of 15 days, no coercive action shall be taken against the applicants. In case, the bail application is preferred by the applicants before the court concerned, the court concerned shall decide the same expeditiously without granting unnecessary adjournment to any party. While considering the bail application of the applicants, the court below shall keep in mind the principles of law laid down in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another, (2021) 10 SCC 773.

The application is dismissed as withdrawn with the aforesaid liberty and direction.

Order Date :- 23.8.2025 VMA

Digitally signed by :- VISHWA MOHAN ARORA High Court of Judicature at Allahabad