Sanjay Kumar and 7 Others vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2025)

Sanjay Kumar and 7 Others vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Quashing declined; however, any discharge application moved by the applicants through counsel is to be disposed of by the Trial Court in accordance with law, after hearing both parties, by a reasoned and speaking order within six weeks of the application (subject to no other legal impediment), and till its disposal no coercive measures shall be taken against the applicants.

Issue for consideration

Whether the entire proceedings and the summoning order dated 22.07.2025 passed by Civil Judge (J.D.)/F.T.C. (CAW), Mirzapur in Complaint Case No. 969 of 2022 (Mausam v. Sanjay Kumar and others) under Sections 498A, 494, 323, 504, 506 IPC should be quashed under Section 528 BNSS. +2 more

Court's answer

This quashing power 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 / Principle

At this stage, from the perusal of the material on record and looking into the facts of the case, it cannot be said that no offence is made out against the applicants.

Key takeaways

All the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court.ratio¶9
The prayer for quashing the entire proceeding and the summoning order is declined.ratio¶10
In the interest of justice, since the matter is a warrant case instituted on private complaint, 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 after giving opportunity of hearing to both the parties.ratio

Detailed headnote1 paragraphs

Application U/S 528 BNSS No. 47609 of 2025, High Court of Judicature at Allahabad (Nand Prabha Shukla, J., decided December 1, 2025) - Sanjay Kumar and 7 others v. State of U.P. and another. Applicants sought quashing of the entire proceedings and the summoning order dated 22.07.2025 passed by Civil Judge (J.D.)/F.T.C. (CAW), Mirzapur in Complaint Case No. 969 of 2022 (Mausam v. Sanjay Kumar and others) under Sections 498A, 494, 323, 504, 506 IPC, Police Station-Ahraura, District Mirzapur. Prayer declined: at this stage it cannot be said that no offence is made out against the applicants, and the submissions at the bar relate to disputed questions of fact which cannot be adjudicated upon by this Court; the quashing power is exercisable only where there is failure of justice or abuse of procedure, to prevent abuse of process and secure the ends of justice. As the matter is a warrant case instituted on private complaint, any discharge application moved by the applicants through counsel at an appropriate stage shall be disposed of by the Trial Court in accordance with law, after hearing both parties, by a reasoned and speaking order within six weeks from the date of the application, if there is no other legal impediment; till its disposal, no coercive measures shall be taken against the applicants. Application disposed of.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 47609 of 2025

Sanjay Kumar And 7 Others

.....Applicant(s) Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Gunjan Dwivedi, Shri Prakash Dwivedi Counsel for Opposite Party(s) : G.A.

Court No. - 80

HON'BLE NAND PRABHA SHUKLA, J.

Heard learned counsel for the applicants, 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 allow this application and quash the entire proceeding as well as summoning order dated 22.07.2025 passed by Civil Judge (J.D.)/F.T.C. (CAW), Mirzapur in Complaint Case No.969 of 2022 (Mausam v. Sanjay Kumar and others) under Sections 498A, 494, 323, 504, 506 IPC, Police Station-Ahraura, District 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 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

NA528 No. 47609 of 2025

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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 applicants in the aforesaid case.

With the aforesaid direction, this application is disposed of .

(Nand Prabha Shukla,J.)

December 1, 2025

Aditya Tripathi

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