Sayma and 4 Others vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2026)

Sayma and 4 Others vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2026)

What the court decided

AI extract

Outcome

Interim relief only; quashing application not finally decided. Proceedings in Criminal Case No. 3123373 of 2025 (State Vs. Mohd. Asif and others) directed to remain in abeyance until further orders; notice issued to opposite party No. 2; counter affidavit within four weeks and rejoinder affidavit within two weeks permitted; case listed on 29.07.2026.

Issue for consideration

Whether the Charge Sheet No. 110/24 dated 28.03.2024, the cognizance order dated 16.12.2025 and the entire criminal proceedings of Criminal Case No. 3123373 of 2025 against the applicants should be quashed on the ground that the applicants, close relatives of the husband of opposite party No. 2, have been falsely implicated in a matrimonial dispute on the basis of general and omnibus allegations.

Court's answer

Notice issued to opposite party No. 2, returnable at an early date.

Ratio / Principle

Opposite parties may file counter affidavit within four weeks; rejoinder affidavit may be filed within two weeks thereafter.

Key takeaways

Case listed on 29.07.2026 in the daily cause list.ratio¶14
As an interim measure, until further orders, the proceedings in Criminal Case No. 3123373 of 2025 (State Vs. Mohd. Asif and others) arising out of Case Crime No. 43 of 2024, under Sections 498-A, 323, 504, 506 IPC and Sections 3 and 4 Dowry Prohibition Act, 1961, Police Station-Saraimeer, District-Azamgarh shall remain in abeyance.ratio¶18

Detailed headnote1 paragraphs

Allahabad High Court (Nand Prabha Shukla, J.) — Application under Section 528 BNSS by Sayma and 4 others, stated to be close relatives of the husband of opposite party No. 2, seeking quashing of Charge Sheet No. 110/24 dated 28.03.2024, the cognizance order dated 16.12.2025 passed by the Judicial Magistrate (F.T.C. Women), Azamgarh, and the entire criminal proceedings of Criminal Case No. 3123373 of 2025 (State Vs. Mohd. Asif and others) arising out of Case Crime No. 43 of 2024, Police Station-Saraimeer, District-Azamgarh, under Sections 498-A, 323, 504, 506 IPC and Sections 3 and 4 Dowry Prohibition Act, 1961, on the plea of false implication in a matrimonial dispute based on general and omnibus allegations. Court issued notice to opposite party No. 2 returnable at an early date, permitted counter affidavit within four weeks and rejoinder affidavit within two weeks thereafter, listed the case on 29.07.2026, and directed that until further orders the proceedings in the said criminal case shall remain in abeyance. Interim order; no final adjudication on the quashing prayer.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 16266 of 2026

Sayma And 4 Others

.....Applicant(s)

	Versus
State of U.P. and Another			.....Opposite Party(s)
Counsel for Applicant(s) Counsel for Opposite Party(s)	: Jamil Ahamad Farooq : G.A.	Azmi,	Mohd Umar

Court No. - 78

HON'BLE NAND PRABHA SHUKLA, J.

Heard Mr. Mohd. Umar Farooq, 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 the prayer to quash the impugned Charge Sheet No. 110/24 dated 28.03.2024 and the cognizance order dated 16.12.2025 passed by the learned Judicial Magistrate (F.T.C. Women), Azamgarh under Sections 498-A, 323, 504, 506 I.P.C. and Section 3 and 4 Dowry Prohibition Act, 1961 as well as the entire criminal proceedings of Criminal Case No. 3123373 of 2025 (State Vs. Mohd. Asif and others) arises out of Case Crime No. 43 of 2024, Police Station-Saraimeer, District-Azamgarh pending before the learned Judicial Magistrate (F.T.C. Women), Azamgarh in respect of the applicants.

It has been submitted by learned counsel for the applicants that the applicants are the close relatives of the husband of opposite party No. 2 and have been falsely implicated due to matrimonial dispute on the basis of general and omnibus allegations.

Matter requires consideration.

Issue notice to opposite party No. 2, returnable at an early date.

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

List this case on 29.07.2026 in the daily cause list.

Until further orders, the proceedings in Criminal Case No. 3123373 of 2025 (State Vs. Mohd. Asif and others) arises out of Case Crime No. 43 of

2

NA528 No. 16266 of 2026

2024, under Sections 498-A, 323, 504, 506 I.P.C. and Section 3 and 4 Dowry Prohibition Act, 1961, Police Station-Saraimeer, DistrictAzamgarh shall remain in abeyance.

May 13, 2026 Shivani Sri.

(Nand Prabha Shukla,J.)

Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad