Reena Dalal and Another Vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2025)

Reena Dalal and Another Vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Entire proceeding arising out of Case Crime No.1036 of 2024, including charge sheet no. 80 of 2025 dated 14.02.2025 and the summoning order dated 17.02.2025, quashed and set aside in respect of the applicants, with liberty to the concerned authorities to re-initiate proceedings against them in future if required, in accordance with law.

Issue for consideration

Whether the entire proceeding of Case no. 1233 of 2025 (State vs. Dr. Riya and others) arising out of Case Crime no. 1036 of 2024, including charge sheet no. 80 of 2025 dated 14.02.2025 and the summoning order dated 17.02.2025, is liable to be quashed. +1 more

Ratio / Principle

Parity of the judgment and order dated 23.08.2025 passed in Dr. Mahendra Khanna's case is applicable in favour of the applicants; accordingly, the entire proceeding arising out of Case Crime No.1036 of 2024, culminating in the charge sheet dated 14.02.2025 and the summoning order dated 17.02.2025, is quashed and set aside in respect of the applicants.

Key takeaways

The quashing order will not preclude the concerned authorities from re-initiating proceedings against the applicants in future, if required, in accordance with law.ratio¶14

Detailed headnote1 paragraphs

Allahabad High Court (Saurabh Srivastava, J.; September 12, 2025) allowed Application U/S 528 BNSS No. 35035 of 2025 filed by Reena Dalal and another seeking quashing of the entire proceeding of Case no. 1233 of 2025 (State vs. Dr. Riya and others) arising out of Case Crime no. 1036 of 2024, PS Baghpat, District Baghpat, under sections 3(1), 3(2), 3(3), 4, 5(1)A, 5(1)B, 5(1)C, 5(2), 6B, 29, 23, 25 of the Pre-Conception and Pre-Natal Diagnostic Techniques Act and sections 318(4), 61(2) BNS, including charge sheet no. 80 of 2025 dated 14.02.2025 and the summoning order dated 17.02.2025 of the Chief Judicial Magistrate, Baghpat. On the principle of parity, the Court noted that in an identical matter the application of co-accused Dr. Mahendra Khanna (Application u/s 528 BNSS no. 31199 of 2025) had been allowed by judgment and order dated 23.08.2025, quashing the same proceeding, a fact the learned AGA, though opposing the prayer, did not dispute. Holding that the parity of the judgment dated 23.08.2025 applied in favour of the applicants, the Court quashed and set aside the entire proceeding, the charge sheet and the summoning order in respect of the applicants, while observing that the order would not preclude the concerned authorities from re-initiating proceedings against them in future, if required, in accordance with law.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 35035 of 2025

Reena Dalal And Another

.....Applicant(s)

	Versus
State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s)	: Satyendra Narayan Singh, Vikas Singh
Counsel for Opposite Party(s)	: G.A.
Court No.- 77

HON'BLE SAURABH SRIVASTAVA, J.

Heard learned counsel for applicants and learned A.G.A. for State.

The instant application has been preferred with prayer to quash the entire proceeding of Case no. 1233 of 2025 (State vs. Dr. Riya and others) arising out of Case Crime no. 1036 of 2024, under sections 3(1), 3(2), 3(3), 4, 5(1)A, 5(1)B, 5(1)C, 5(2), 6B, 29, 23, 25 Pre-Conception and Pre-Natal Diagnostic Techniques Act and sections 318(4), 61(2) BNS, PS- Baghpat, District Baghpat, including charge sheet no. 80 of 2025 dated 14.02.2025, pending in court of learned Chief Judicial Magistrate, Baghpat and quash the summoning order dated 17.02.2025 passed by learned Chief Judicial Magistrate, Baghpat.

At the very outset, learned counsel for applicants submitted that in identical matter, co-accused, Dr. Mahendra Khanna, preferred Application u/s 528 BNSS no. 31199 of 2025 (Dr. Mahendra Khanna vs. State of U.P. and another) before this Court challenging the same proceeding, wherein pleadings were entertained by this Court and after due consideration judgment and order dated 23.08.2025 (Annexure no.12) has been passed by this Court, whereby entire proceeding has been quashed and set aside. It is submitted that instant application has been preferred at the behest of applicants, who are also implicated in same Case Crime no.1036 of 2024 and the similar argument has been raised by learned counsel for applicants for challenging the said proceedings.

Although, learned AGA opposed the prayer sought through instant application but did not dispute the fact in respect of judgment and order dated 23.08.2025.

NA528 No. 35035 of 2025

2

In view of foregoing discussion, parity of judgment and order dated 23.08.2025 is applicable in favour of applicants and as such entire proceeding arising out of Case Crime No.1036 of 2024, which culminated into preferring the charge sheet on dated 14.02.2025, thereafter order passed by learned concerned court by way of passing summoning order on dated 17.02.2025 is hereby quashed and set aside in respect of applicants herein, in the light of judgment and order dated 23.08.2025 passed in case of Dr. Mahendra Khanna (supra) .

However, the above mentioned order will not preclude the concerned authorities for re-initiation of the proceedings against applicants, if required in future, in accordance with law.

The instant application u/s 528 BNSS stands allowed accordingly.

September 12, 2025 Saif

(Saurabh Srivastava,J.)

Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad