Sweta Singh vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Sweta Singh vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing declined; application disposed of with directions that any discharge application be disposed of by the Trial Court in accordance with law by a reasoned and speaking order within six weeks, and that no coercive measures be taken against the applicant till the discharge application is disposed of.

Issue for consideration

Whether the entire proceeding and the summoning order dated 28.05.2025 of Complaint Case No. 7450 of 2025 (Sections 323, 504, 506 IPC, P.S. Kotwali, District-Farrukhabad) against the applicant should be quashed under Section 528 BNSS. +1 more

Court's answer

On the material on record and the facts of the case, at this stage it cannot be said that no offence is made out against the applicant; all submissions made at the bar relate to disputed questions of fact which this Court cannot adjudicate; the quashing power is exercisable only where the Court finds failure of justice or abuse of procedure, to prevent abuse of process and secure the ends of justice.

Ratio / Principle

The prayer for quashing the proceeding and the summoning order is declined.

Key takeaways

In the interest of justice, if the applicants move an application for discharge through counsel at an appropriate stage, the Trial Court shall dispose of it in accordance with law, giving opportunity of hearing to both parties, by a reasoned and speaking order within six weeks from the date of the application, if there is no other legal impediment.ratio¶14
Until the discharge application is disposed of, no coercive measures shall be taken against the applicant in the aforesaid case.ratio¶15

Detailed headnote1 paragraphs

Allahabad High Court (Nand Prabha Shukla, J., Court No. 80), November 3, 2025 — Application under Section 528 BNSS No. 35085 of 2025 by Sweta Singh seeking quashing of the entire proceeding and the summoning order dated 28.05.2025 passed by the Additional Chief Judicial Magistrate, Court No. 8, Farrukhabad, in Complaint Case No. 7450 of 2025 (Renu Solanki v. Abhishek Singh and others) under Sections 323, 504, 506 IPC, Police Station-Kotwali, District-Farrukhabad, a warrant case instituted on a private complainant. The Court found that, at this stage, it cannot be said that no offence is made out against the applicant, all submissions relating to disputed questions of fact not adjudicable by it, the quashing power being reserved for cases involving failure of justice or abuse of procedure. The prayer for quashing was accordingly declined. Interim directions were given: any discharge application moved through counsel is to be disposed of by the Trial Court in accordance with law, after hearing both sides, by a reasoned and speaking order within six weeks of the application, if there is no other legal impediment; and till its disposal, no coercive measures shall be taken against the applicant. With these directions, the application was disposed of.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 35085 of 2025

Sweta Singh

	Versus	...	..Applicant(s)
State of U.P. and Another			.....Opposite Party(s)
Counsel for Applicant(s)	:	Radhey Shyam	Yadav
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.

The present application under Section 528 BNSS has been filed with a prayer to quash the entire proceeding as well as summoning order dated 28.05.2025 passed by Additional Chief Judicial Magistrate, Court No.8, Farrukhabad in Complaint Case No. 7450 of 2025 (Renu Solanki v. Abhishek Singh and others) under Sections 323, 504, 506 IPC, Police Station-Kotwali, District-Farrukhabad pending in the Court of Additional Chief Judicial Magistrate, Court No.8, Farrukhabad.

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 applicants move 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

NA528 No. 35085 of 2025

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giving opportunity of hearing to both the parties by a reasoned and speaking 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 .

(Nand Prabha Shukla,J.)

November 3, 2025

Aditya Tripathi

Digitally signed by :- ADITYA TRIPATHI High Court of Judicature at Allahabad