Phool Chandra and 5 Others vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2025)

Phool Chandra and 5 Others vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Main quashing relief refused; alternative relief accepted — applicants to surrender before the concerned court below within three weeks, with the NBW dated 24.09.2025 kept in abeyance during that period or till surrender (whichever earlier), and any bail application to be disposed of expeditiously by the courts below in accordance with law keeping in view the guidelines in Satender Kumar Antil vs. Central Bureau of Investigation and another, 2021 SCC Online SC 922.

Issue for consideration

Whether the Non Bailable Warrant (NBW) order dated 24.09.2025 issued by Additional Session Judge Court No. 03, Kanpur Nagar, and the related proceedings against the applicants, should be quashed. +1 more

Court's answer

Since the applicants gave up their challenge to the charge sheet, non-bailable warrant and criminal proceedings and did not press any other prayer on merits, the relief sought in the application is refused.

Ratio / Principle

Considering the alternative prayer, the applicants are directed to surrender before the concerned court below within three weeks, and in case they apply for bail, the bail application shall be disposed of expeditiously by the courts below in accordance with law, keeping in view the Apex Court guidelines in Satender Kumar Antil vs. Central Bureau of Investigation and another, 2021 SCC Online SC 922.

Key takeaways

For the period of three weeks from the date of the order, or until the applicants surrender before the concerned court below, whichever is earlier, the nonbailable warrant dated 24.09.2025 shall be kept in abeyance.ratio¶15

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Deepak Verma, J.), Application U/S 528 BNSS No. 42238 of 2025, decided November 13, 2025: Phool Chandra and 5 others sought quashing of a Non Bailable Warrant dated 24.09.2025 issued by Additional Session Judge, Court No. 03, Kanpur Nagar on a Section 319 Cr.P.C. application filed by opposite party no. 2 in Session Trial No. 479 of 2019 (State vs. Pankaj Gupta), arising out of Case Crime No. 248 of 2019 under Sections 498-A and 304-B IPC and Sections 3/4 of the Dowry Prohibition Act, P.S. Kidwai Nagar. Counsel gave up the challenge to the charge sheet, NBW and criminal proceedings; the principal relief was accordingly refused. On the alternative prayer, the Court directed the applicants to surrender within three weeks, kept the NBW dated 24.09.2025 in abeyance for that period or until surrender (whichever earlier), and ordered that any bail application be disposed of expeditiously in accordance with law keeping in view the Apex Court guidelines in Satender Kumar Antil vs. Central Bureau of Investigation and another, 2021 SCC Online SC 922. Application disposed of.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 42238 of 2025

Phool Chandra And 5 Others

	Versus .....Applicant(s)
State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s) Counsel for Opposite Party(s)	: Phool Chandra, Santosh Kumar Tiwari : G.A.

Court No. - 74

HON'BLE DEEPAK VERMA, J.

Heard learned counsel for the applicants, learned Additional Government Advocate for the State of U.P./opposite party no.1 and perused the record.

This application under Section 528 B.N.S.S. has been filed by the applicants to quash the Non Bailable Warrant (NBW) order dated 24.09.2025 issued by Additional Session Judge Court No. 03, Kanpur Nagar on the application under Section 319 Cr.p.C. filed by the opposite party no. 2 in Session Trial No. 479 of 2019 (State vs. Pankaj Gupta), arising out of Case Crime No. 248 of 2019, under Section 498-A, 304-B IPC and Section 3/4 of Dowry Prohibition Act, P.S. Kidwai Nagar, District- Kanpur Nagar.

At the outset, learned counsel for the applicants gave up his challenge to the aforesaid charge sheet, Non-bailable warrant and criminal proceedings against the applicants and confined his submission requesting to grant some protection to the applicants to surrender before the concerned court below. The learned counsel for the applicants further stated at the Bar that he is not pressing any other prayer made in this application on merits and prayed that a direction may be issued to the concerned courts below to consider and decide the bail application of the applicants expeditiously.

Learned A.G.A. for the State of U.P. submits that in case the applicants are not pressing the relief as sought for by them on merits and want to surrender before the concerned court below, he has no objection if the Court grants protection to them for a short period.

NA528 No. 42238 of 2025

2

In view of the above, the relief as sought by the applicants in the instant application is refused.

However considering the aforesaid alternative prayer made by learned counsel for the applicants, it is directed that the applicants shall surrender before the concerned court below within three weeks from today and in case he applies for bail, the bail application of the applicants shall be disposed of expeditiously by the courts below in accordance with law and keeping in view the guidelines as laid down by the Apex Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation and another, reported in 2021 SCC Online SC 922.

For the period of three weeks from today or till the time of surrender of the applicants before the concerned Court below, whichever is earlier, nonbailable warrant dated 24.09.2025 shall be kept in abeyance.

With the above observations and directions, this application under Section 528 B.N.S.S. is disposed of .

(Deepak Verma,J.)

November 13, 2025

Aditya

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