Disposed

Rekha and Another v. State of U.P. and Another

Allahabad HC6 Nov 2025NA528/43041/2025

Case brief

AI extract

What is this about?

In an application under Section 528 BNSS to quash criminal proceedings, the High Court held that facts were disputed and could not be adjudicated. While quashing was declined, the court directed the Trial Court to decide a discharge application within six weeks after notice to parties and stayed coercive measures.

What did the court decide?

Quashing declined; discharge application to be disposed of by Trial Court within six weeks; coercive measures stayed.

Rekha and Another vs State of U.P. and Another — Criminal Trial and Appeal | Allahabad HC (2025)

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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APPLICATION U/S 528 BNSS No. - 43041 of 2025

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Rekha And Another

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	Versus	.....Applicant(s)
State of U.P. and Another		.....Opposite Party(s)
Counsel for Applicant(s)		: Safiullah
Counsel for Opposite Party(s)		: G.A.

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Court No. - 80

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HON'BLE NAND PRABHA SHUKLA, J.

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Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.

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The present application under Section 528 BNSS has been filed with a prayer to quash the entire criminal proceedings of Complaint Case No. 5311 of 2022 (Ruthrajwati v. Rekha and others) under Sections 452, 392, 323, 504, 506 IPC, Police Station Hazrat Nagar Garhi, District Sambhal as well as impugned summoning order dated 01.05.2023 pending in the Court of CJM Sambhal at Chandausi.

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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 applicants. 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.

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Accordingly, prayer for quashing is declined.

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

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NA528 No. 43041 of 2025

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order within six weeks from the date of the application, if there is no other legal impediment.

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Till the disposal of the discharge application, no coercive measures shall be taken against the applicants in the aforesaid case.

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With the aforesaid direction, this application is disposed of .

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(Nand Prabha Shukla,J.)

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November 6, 2025

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Aditya Tripathi

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

Rekha and Another v. State of U.P. and Another

Case brief

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Rekha and Another v. State of U.P. and Another

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