Guddi Devi and Another vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Guddi Devi and Another vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim stay of further proceedings against the applicants in Case No. 5377 of 2023 until further orders of this court; notice to opposite party no.2 fixing 17.10.2025; exchange of affidavits directed; application clubbed with Application U/S 528 BNSS No. 5040 of 2025. Final decision on the quashing prayer deferred.

Issue for consideration

Whether the entire criminal proceedings of Case No. 5377 of 2023 (arising out of charge sheet no. 366/2023 dated 03.08.2023, Case Crime No. 218 of 2024, Sections 323, 504, 506 IPC) and the summoning order dated 16.08.2023 passed by Additional Chief Judicial Magistrate, VII, Agra should be quashed under Section 528 BNSS, with interim stay of further proceedings against the applicants.

Court's answer

Substantive prayer for quashing was not adjudicated at this stage; the court recorded that the matter requires consideration, granting interim arrangements only.

Ratio / Principle

Notice ordered to be issued to opposite party no.2, fixing 17.10.2025 as the date, before appropriate court.

Key takeaways

Both parties directed to exchange their respective affidavits, if any, in the meantime.ratio¶6
The present application shall be clubbed along with Application U/S 528 BNSS No. 5040 of 2025 (Guddi Devi and Another Vs. State of U.P. and Another).ratio¶7
Further proceedings against the applicants in the aforementioned case shall remain stayed until further orders of this court.ratio

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Hon'ble Dinesh Pathak, J.) — interim order dated 21.8.2025 in Application U/S 528 BNSS No. 5153 of 2025 (Guddi Devi and Another v. State of U.P. and Another). Applicants invoke the Court's inherent jurisdiction under Section 528 BNSS seeking quashing of the entire proceedings of Case No. 5377 of 2023 (State v. Guddi Devi and another), arising out of charge sheet no. 366/2023 dated 03.08.2023 in Case Crime No. 218 of 2024, Sections 323, 504, 506 IPC, Police Station Etamadaula, District Agra, and of the summoning order dated 16.08.2023 passed by Additional Chief Judicial Magistrate, VII, Agra; counsel submit that a property dispute was drawn into the criminal proceedings amid rival F.I.R.s lodged by the two daughters-in-law (Neeraj Devi's F.I.R. being Case Crime No. 37 of 2024, subject of parallel Application u/s 528 BNSS No. 5040 of 2025). Taking the matter for consideration, the Court issued notice to opposite party no.2 fixing 17.10.2025, directed exchange of affidavits, clubbed the application with Application U/S 528 BNSS No. 5040 of 2025, stayed further proceedings against the applicants until further orders, and held the matter not part-heard. Interim protective order only; the merits of the quashing prayer remain open.

Court No. - 73

Case :- APPLICATION U/S 528 BNSS No. - 5153 of 2025

Applicant :- Guddi Devi And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ram Asre Counsel for Opposite Party :- G.A.

Hon'ble Dinesh Pathak,J.

Heard learned counsel for the applicants, learned counsel for the opposite party No.2 as well as learned A.G.A. for the State.

Applicants have invoked the inherent jurisdiction of this Court under Section 528 B.N.S.S. for quashing the entire proceedings of Case No. 5377 of 2023 (State Vs. Guddi Devi and another) arising out of charge sheet no. 366/2023, dated 03.08.2023, in Case Crime No. 218 of 2024, U/s 323, 504, 506 I.P.C. Police StationEtamadaula, District Agra, as well as impugned summoning order dated 16.08.2023 passed by Additional Chief Judicial Magistrate, VII, Agra and to stay the further proceedings against the applicants in the above mentioned case.

As per F.I.R. version, mother-in-law and brother-in-law have assaulted, abused and threatened to the first informant. It is next submitted that dispute relating to property has illegally been dragged into the criminal proceedings. Previously, another daughter-in-law, namely Neeraj Devi (wife of applicant no.2) has lodged an F.I.R., being Case Crime No. 37 of 2024, arising out of which an application u/s 528 B.N.S.S. No. 5040 has been preferred before this court. It is further submitted that both daughters-in-law have adopted pressure tactics upon applicant no.1 (mother-in-law) with intent to coerce her and other family members into compromise in properly disposal.

Matter requires consideration.

O.P. No.1 is represented through learned A.G.A.

Let notice be issued to O.P. No.2, fixing 17.10.2025 as the date, before appropriate court. In the meantime, both the parties shall exchange their respective affidavits, if any.

Club this application along with Application U/S 528 BNSS No. 5040 of 2025 (Guddi Devi and Another Vs. State of U.P. and

Another).

Until further orders of this court, further proceedings against the applicants in the aforementioned case, shall remain stayed.

This matter shall not be treated as tied up/part heard to this court.

Order Date :- 21.8.2025 Sumit K.

Digitally signed by :- SUMIT KUMAR High Court of Judicature at Allahabad