Garima and 3 Others vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

Garima and 3 Others vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Interim protection: no coercive action against the applicants till the next date of listing; notice issued to opposite party no.2 returnable at an early date; counter affidavits within four weeks and rejoinder affidavit within two weeks thereafter; matter to be listed immediately after expiry of that period. Application pending final disposal.

Issue for consideration

Whether the criminal proceedings in Complaint Case No. 6638 of 2020 and the summoning order dated 24.07.2024 against the applicants, alleged to be a matrimonial dispute dragged into prosecution at the behest of opposite party no.2 with ulterior motive, constitute an abuse of the process of court and are liable to be quashed under Section 528 BNSS.

Ratio / Principle

As an interim measure, till the next date of listing, no coercive action shall be taken against the applicants in the aforesaid case.

Key takeaways

The Court found that the matter requires consideration and issued notice to opposite party no.2 returnable at an early date (steps within a week), with counter affidavits of the opposite parties within four weeks and rejoinder affidavit within two weeks thereafter, the matter to be listed immediately after expiry of that period.ratio¶15

Detailed headnote1 paragraphs

Allahabad High Court (Dr. Gautam Chowdhary, J.) — Application u/S 528 BNSS No. 16175 of 2026, Garima and 3 others v. State of U.P. and another (decided April 29, 2026): Applicants sought quashing of the proceedings of Complaint Case No. 6638 of 2020 (Surendra Kumar Shukla v. Smt. Garima and others) under Sections 452, 323, 504, 506, 392 I.P.C., Police Station Aung, District Fatehpur, pending before the Additional Civil Judge (Junior Division)/Judicial Magistrate, Court No.7, District Fatehpur, and of the summoning order dated 24.07.2024, contending that a matrimonial dispute had been dragged into criminal prosecution at the behest of opposite party no.2 with ulterior motive, amounting to abuse of the process of court. The Court held the matter requires consideration, issued notice to opposite party no.2 (steps within a week), permitted counter affidavits within four weeks and rejoinder affidavit within two weeks thereafter, and directed that till the next date of listing no coercive action shall be taken against the applicants. Interim order; merits left open.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 16175 of 2026

Garima And 3 Others

.....Applicant(s)

	Versus
State of U.P. and Another			....	.Opposite Party(s)
Counsel for Applicant(s)	: Ayush Chakrav	Dwivedi, orty	Sheetal	Prasad
Counsel for Opposite Party(s)	: G.A.

Court No. - 82

HON'BLE DR. GAUTAM CHOWDHARY, J.

Heard learned counsel for the applicants and learned A.G.A. for the State.

The present application has been filed for quashing the proceedings of Complaint Case No. 6638 of 2020 (Surendra Kumar Shukla Vs. Smt. Garima and others) under Sections 452, 323, 504, 506, 392 I.P.C., Police Station Aung, District Fatehpur pending before learned Additional Civil Judge (Junior Division)/Judicial Magistrate, Court No.7, District Fatehpur as well as to quash the summoning order dated 24.07.2024 passed in the aforesaid case.

Learned counsel for the applicants submits that the matrimonial dispute has been dragged in criminal prosecution of the applicants at the behest of the opposite party no.2 which is bad in law. He further submits that the applicants have been falsely implicated in the present case due to ulterior motive. Learned counsel for the applicants submits that the prosecution case initiated against the applicants being arbitrary and illegal, is nothing but an abuse of the process of the court. Further submission is that malafides behind the prosecution are apparent on the face of record and if the proceedings against the applicants is allowed to go on, it will result in the abuse of court's process. Learned counsel for the applicants therefore submits, no prosecution could lie against the applicants, in such circumstances, interference of this Court is required to meet the ends of justice.

NA528 No. 16175 of 2026

2

Matter requires consideration.

Notice on behalf of opposite party no. 1 has been accepted by learned A.G.A.

Issue notice to opposite party no.2 returnable at an early date. Steps be taken within a week.

Opposite parties may file their counter affidavits within four weeks. Rejoinder affidavit may be filed within two weeks thereafter.

List immediately after expiry of the aforesaid period before appropriate Bench.

Till the next date of listing, no coercive action shall be taken against the applicants in the aforesaid case.

(Dr. Gautam Chowdhary,J.)

April 29, 2026

S.Ali

Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad