Ramesh @ Golu and 3 Others Vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2026)

Ramesh @ Golu and 3 Others Vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2026)

What the court decided

AI extract

Outcome

Quashing prayer declined; however, directions issued: (i) bail application within 45 days of surrender/appearance through counsel to be considered and disposed of expeditiously; (ii) discharge application within 45 days to be decided by the Trial Court by a reasoned and speaking order within two weeks thereafter; (iii) no coercive measures against the applicants for 45 days or till disposal of the discharge application, whichever is earlier.

Issue for consideration

Whether the entire proceedings of Case No. 22414 of 2024 (State v. Ramesh @ Golu and Others), arising out of Case Crime No. 164 of 2024, and the cognizance/summoning order dated 04.10.2024 are liable to be quashed under Section 528 BNSS.

Court's answer

On the material on record and the facts of the case, at this stage it cannot be said that no offence is made out against the applicants; all submissions made at the bar relate to disputed questions of fact which cannot be adjudicated upon by this Court.

Ratio / Principle

This power may be exercised only in cases where the Court finds failure of justice or abuse of procedure, to prevent abuse of process and secure the ends of justice.

Key takeaways

Prayer for quashing the proceedings and the cognizance/summoning order is declined.ratio¶10
If the applicants are not on bail and they appear or surrender through counsel before the Trial Court and apply for bail within 45 days from the date of the order, the bail application shall be considered and disposed of expeditiously after giving opportunity to the other side.ratio¶14
If the applicants move a discharge application at an appropriate stage through counsel within 45 days, the Trial Court shall dispose of it by a reasoned and speaking order in accordance with law within two weeks thereafter.

Detailed headnote1 paragraphs

Allahabad High Court (Nand Prabha Shukla, J.) — Application U/S 482 No. 1545 of 2025 under Section 528 BNSS by Ramesh @ Golu and 3 others seeking quashing of the entire proceeding of Case No. 22414 of 2024 (State v. Ramesh @ Golu and Others), arising out of Case Crime No. 164 of 2024 under Sections 498A, 323, 504, 506, 354-A, 427 IPC and Section 3/4 Dowry Prohibition Act, P.S.-Rura, District-Rampur Dehat, and of the cognizance/summoning order dated 04.10.2024 passed by the learned Civil Judge (Junior Division) FTC/CAW, Kanpur Dehat — Held: on perusal of the material on record it cannot be said that no offence is made out against the applicants; the submissions raised disputed questions of fact which cannot be adjudicated by the High 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; prayer for quashing declined. Directions: (i) if the applicants appear/surrender through counsel and move for bail within 45 days, the bail application to be considered and disposed of expeditiously; (ii) any discharge application moved through counsel within 45 days to be decided by a reasoned and speaking order within two weeks thereafter; (iii) no coercive measures for 45 days or till disposal of the discharge application, whichever is earlier. Application disposed of (order dated May 7, 2026).

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 482 No. - 1545 of 2025

Ramesh @ Golu And 3 Others

	Versus .....Applicant(s)
State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s) Counsel for Opposite Party(s)	: Sudhakar Shukla : Abhinav Trivedi, Adarsh Kumar, G.A.

Court No. - 78

HON'BLE NAND PRABHA SHUKLA, J.

Heard Mr. Sudhakar Shukla, learned counsel for the applicants, Mr. Prashant Mishra holding brief of Mr. Abhinav Trivedi, learned counsel for the opposite party No. 2, 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 quash the entire proceeding of Case No. 22414 of 2024 (State v. Ramesh @ Golu and Others) arising out of Case Crime No. 164 of 2024 under Sections 498A, 323, 504, 506, 354-A, 427 IPC and Section 3/4 Dowry Prohibition Act, P.S.-Rura, District-Rampur Dehat as well as impugned cognizance/summoning order dated 04.10.2024 passed by the learned Civil Judge (Junior Division) FTC/CAW, Kanpur Dehat.

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.

In case, the applicants are not on bail, it is directed that if the applicants appear or surrender through counsel before the Trial Court and makes an

A482 No. 1545 of 2025

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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.

However, in the interest of justice, it is further provided that in case the applicants move an application for discharge at an appropriate stage through counsel within 45 days, the same shall be disposed of by the Trial Court by a reasoned and speaking order in accordance with law within two weeks thereafter.

For a period of 45 days or till the disposal of the discharge application, whichever is earlier, 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.)

May 7, 2026 Aditya Tripathi

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