Harigen and 3 Others vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Harigen and 3 Others vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing declined; however, (i) any discharge application moved by the applicants is to be decided by the Trial Court within six weeks by a reasoned and speaking order after hearing both parties; (ii) a bail application made within 45 days of appearance/surrender is to be considered and disposed of expeditiously; and (iii) no coercive measures are to be taken against the applicants till disposal of the discharge application.

Issue for consideration

Whether the summoning order dated 15.12.2016 and the criminal proceedings in Criminal Complaint Case No. 327 of 2012 should be quashed/set aside under Section 528 BNSS.

Court's answer

On the material on record, at this stage it cannot be said that no offence is made out against the applicants.

Ratio / Principle

The submissions made at the bar relate to disputed questions of fact which cannot be adjudicated upon by this Court in exercise of its quashing jurisdiction.

Key takeaways

The power to quash may be exercised only where the Court finds failure of justice or abuse of procedure, to prevent abuse of process and secure the ends of justice.ratio¶9
Prayer for quashing the summoning order and the criminal proceedings is declined.ratio¶10
In the interest of justice, since the matter pertains to a warrant case instituted on private complaint, if the applicants claim discharge at an appropriate stage through counsel, the Trial Court shall dispose of the discharge application in accordance with law after giving opportunity of hearing to both parties by a reasoned and speaking order within six weeks, if there is no other legal impediment.

Detailed headnote1 paragraphs

Quashing under Section 528 BNSS refused where allegations disclose disputed questions of fact; Allahabad High Court (Nand Prabha Shukla, J.) declined to quash the summoning order dated 15.12.2016 passed by the Civil Judge (Junior Division)/FTC, Mirzapur in Criminal Complaint Case No. 327 of 2012 (Subhash Vs. Harigen and others) under Sections 504, 506, 427 and 392 IPC, observing that no failure of justice or abuse of process was shown. Application disposed of with protective directions: any discharge application to be decided within six weeks by a reasoned and speaking order; bail applications within 45 days to be considered expeditiously; and no coercive measures against the applicants until disposal of the discharge application.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 43444 of 2025

Harigen And 3 Others

	Versus	.....Applicant(s)
State of U.P. and Another		.....Opposite Party(s)
Counsel for Applicant(s)	: Pawnesh Tiwari, Somesh Tiwari	Pramila Tiwari,
Counsel for Opposite Party(s)	: G.A.

Court No. - 80

HON'BLE NAND PRABHA SHUKLA, J.

Heard Sri Pawnesh Tiwari, learned counsel for the applicants, Sri S.S. Singh, learned A.G.A. for the State and perused the record.

The present application under Section 528 B.N.S.S. has been filed with a prayer to quash/set aside the summoning order dated 15.12.2016 passed by Civil Judge (Junior Division)/FTC, MIrzapur as well as criminal proceeding in Criminal Complaint Case No. 327 of 2012 (Subhash Vs. Harigen and others) under sections 504, 506, 427, 392, IPC, pending in the Court of Civil Judge (Junior Division)/FTC, Mirzapur.

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.

Accordingly, prayer for quashing is declined.

However, in the interest of justice as the matter pertains to warrant case instituted on private complaint, it is provided that in case the applicants claim discharge at an appropriate stage through counsel, the same shall be disposed of by the Trial Court in accordance with law after giving

NA528 No. 43444 of 2025

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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.

In case, the applicants are not on bail, it is further directed that if the applicants appear or surrender through counsel before the Trial Court and makes an application for bail within 45 days from the date of the order, the same shall be considered and disposed of expeditiously, after giving opportunity to the other side.

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

With the aforesaid direction, this application is disposed of.

(Nand Prabha Shukla,J.)

December 10, 2025 Puspendra

Digitally signed by :- PUSPENDRA NARAYAN SINGH High Court of Judicature at Allahabad