Sajid and 3 Others vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2025)

Sajid and 3 Others vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Quashing refused qua applicant no.1 (Sajid), who was directed to appear before the trial court within three weeks and apply for bail, to be disposed of expeditiously per Satendra Kumar Antil. Application entertained qua applicant nos. 2-4 (Amina, Islam, Adil); notice to opposite party no.2 returnable at an early date; counter affidavits within six weeks, rejoinder within two weeks thereafter; no coercive action against applicant nos. 2-4 till the next date of listing.

Issue for consideration

Whether the charge sheet dated 20.11.2023, the cognizance order dated 25.9.2024 and the entire proceeding in Case No. 3924 of 2024 (State Vs. Sajid and others) arising out of Case Crime No. 101 of 2023 should be quashed. +2 more

Court's answer

The prayer for quashing the entire proceedings of the aforesaid case against applicant no.1, namely Sajid, is refused.

Ratio / Principle

Applicant no.1 (Sajid) is directed that if he appears before the court concerned within three weeks and applies for bail, the bail application shall be heard and disposed of expeditiously, in view of the law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another (S.L.P.(Crl.) No. 5191 of 2021).

Key takeaways

As far as applicant nos. 2, 3 & 4, namely Amina, Islam and Adil, are concerned, the application is entertained (matter to proceed with notice, counter affidavits and rejoinder).ratio¶20
Interim direction: till the next date of listing, no coercive action shall be taken against applicant nos. 2, 3 & 4 (Amina, Islam and Adil) in Case No. 3924 of 2024 arising out of Case Crime No. 101 of 2023.ratio¶24

Detailed headnote1 paragraphs

Application u/S 528 BNSS (Allahabad High Court, Deepak Verma, J., 14.11.2025) seeking quashing of charge sheet dated 20.11.2023 and cognizance order dated 25.9.2024 in Case No. 3924 of 2024 arising out of Case Crime No. 101 of 2023 (Ss. 498A, 323, 506 IPC; Ss. 3/4 D.P. Act, P.S. Mahila Thana, District Sambhal, pending before ACJM Chandausi). Quashing prayer refused qua applicant no.1 Sajid, with a direction to appear within three weeks and apply for bail, to be heard and disposed of expeditiously in view of the law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another, S.L.P.(Crl.) No. 5191 of 2021. Application entertained qua applicant nos. 2-4 (Amina, Islam and Adil): notice to opposite party no.2, counter affidavits within six weeks, rejoinder within two weeks thereafter, and an interim direction that no coercive action be taken against them till the next date of listing.

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 39233 of 2025

Sajid And 3 Others

.....Applicant(s)

Versus

State of U.P. and Another

.....Opposite Party(s)

Counsel for Applicant(s)	: Mohammad Zakir
Counsel for Opposite Party(s)	: G.A.

Court No. - 74

HON'BLE DEEPAK VERMA, J.

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

The present 528 BNSS application has been filed to quash the charge sheet dated 20.11.2023 as well as cognizance order dated 25.9.2024 and entire proceeding in Case No. 3924 of 2024 (State Vs. Sajid and others) arising out of Case Crime No. 101 of 2023, under Sections 498A, 323, 506 IPC and Section 3/4 D.P. Act, Police Station- Mahila Thana, DistrictSambhal, pending in the court of Additional Chief Judicial Magistrate, Chandausi, District Sambhal.

Learned counsel for applicants submits that opposite party no.2 is wife of applicant no.1 who lodged F.I.R. against six persons falsely roping all the family members of the applicant.

Learned counsel for the applicant submitted that I.O. has not found material evidence against some of the named persons and exonerated them and submitted charge sheet against the applicants under aforesaid sections.

The contents of the F.I.R. as well as the evidence collected by the I.O. are not supporting the prosecution story and applicant nos. 2,3 and 4 have been implicated being family members of husband of the informant. The learned counsel further submits that the the Magistrate took conizance and passed summoning order without application of judicial mind.

NA528 No. 39233 of 2025

2

Learned AGA vehemently opposed the submission made by learned counsel for the applicants.

The prayer for quashing the entire proceedings of the aforesaid case against the applicant no.1, namely, Sajid is refused.

However, it is directed that in case the applicant No.1 namely Sajid appear before the court concerned within three weeks from today and applies for bail, the same shall be heard and disposed of expeditiously, in view of the law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another, passed in S.L.P.(Crl.) No. 5191 of 2021.

In so far as the applicant nos. 2, 3 & 4, namely, Amina, Islam and Adil are concerned, the application is entertained.

Issue notice to opposite party no.2 returnable at an early date.

Opposite parties may file their counter affidavits within six weeks. Rejoinder affidavit may be filed within two weeks thereafter.

List thereafter.

Till the next date of listing, no coercive action shall be taken against applicant Nos. 2, 3 & 4, namely, Amina, Islam and Adil in Case No. 3924 of 2024 (State Vs. Sajid and others) arising out of Case Crime No. 101 of 2023, under Sections 498A, 323, 506 IPC and Section 3/4 D.P. Act, Police Station- Mahila Thana, District-Sambhal, pending in the court of Additional Chief Judicial Magistrate, Chandausi, District Sambhal.

(Deepak Verma,J.)

November 14, 2025 Kumar Manish

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