Junaid and 5 Others vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2026)

Junaid and 5 Others vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2026)

What the court decided

AI extract

Outcome

Quashing prayer declined qua Applicant No.1, with directions: bail application to be considered expeditiously if Applicant No.1 appears/surrenders through counsel within 45 days; discharge application through counsel within 45 days to be decided by reasoned and speaking order within two weeks thereafter; no coercive measures against Applicant No.1 for 45 days or till disposal of the discharge application, whichever is earlier; application disposed of qua Applicant No.1. Qua Applicant Nos. 2 to 6: notice to Opposite Party No.2, counter affidavits within four weeks, rejoinder within two weeks, proceedings of Case No. 8283 of 2025 kept in abeyance in respect of Applicant Nos. 2 to 6 until further orders, matter listed on 31.7.2026.

Issue for consideration

Whether the entire proceeding of Case No. 8283 of 2025 (State Vs Junaid and others), the charge sheet dated 28.06.2025 and the summoning order dated 08.10.2025 arising out of Case Crime No. 266 of 2025 ought to be quashed under Section 528 BNSS. +1 more

Court's answer

Qua Applicant Nos. 2 to 6, whose alleged false implication on general and omnibus allegations was held to require consideration, notice was issued to Opposite Party No.2 returnable at an early date; counter affidavit by learned AGA and Opposite Party No.2 within four weeks, rejoinder within two weeks thereafter; matter listed on 31.7.2026; and until further orders, the proceeding of Case No. 8283 of 2025 arising out of Case Crime No. 266 of 2025 shall remain in abeyance in respect of Applicant Nos. 2 to 6.

Ratio / Principle

On the material on record, at this stage it cannot be said that no offence is made out against Applicant No.1; all submissions made at the bar relate to disputed questions of fact which cannot be adjudicated upon by this Court.

Key takeaways

The power to quash may be exercised only in cases where the Court finds that there has been failure of justice or abuse of procedure, to prevent abuse of process and secure the ends of justice.ratio¶11
Prayer for quashing is declined in respect of Applicant No.1.ratio¶12
If Applicant No.1 is not on bail and appears or surrenders through counsel before the Trial Court and makes an 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.

Detailed headnote1 paragraphs

Allahabad High Court (Nand Prabha Shukla, J.), Application U/S 528 BNSS No. 19934 of 2026, decided May 15, 2026 — Application under Section 528 BNSS to quash the entire proceeding of Case No. 8283 of 2025 (State Vs Junaid and others), charge sheet dated 28.06.2025 and summoning order dated 08.10.2025 arising out of Case Crime No. 266 of 2025 under Sections 85, 76, 115(2) B.N.S., 3/4 D.P. Act & 3/4 Muslim Women (Protection of Rights on Marriage) Act, Police Station Tanda, District Rampur. HELD: (i) Qua Applicant No.1 — on the material on record it cannot be said that no offence is made out; submissions raised disputed questions of fact not adjudicable by the High Court, whose quashing power is exercisable only on failure of justice or abuse of procedure; prayer for quashing declined. Directions: on appearance/surrender through counsel and bail application within 45 days, bail to be considered and disposed of expeditiously; discharge application through counsel within 45 days to be decided by reasoned and speaking order within two weeks; no coercive measures for 45 days or till disposal of the discharge application, whichever is earlier; application disposed of qua Applicant No.1. (ii) Qua Applicant Nos. 2 to 6 — stated to be close relatives of the husband of opposite party no.2, allegedly falsely implicated on general and omnibus allegations in a matrimonial dispute: matter requires consideration; notice to Opposite Party No.2; counter affidavit by learned AGA and Opposite Party No.2 within four weeks, rejoinder within two weeks; proceedings of Case No. 8283 of 2025 to remain in abeyance in respect of Applicant Nos. 2 to 6 until further orders; listed on 31.7.2026.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 19934 of 2026

Junaid And 5 Others

.....Applicant(s)

Versus

State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Ajai Kumar Garg Counsel for Opposite Party(s) : G.A.

Court No. - 78

HON'BLE NAND PRABHA SHUKLA, J.

Heard Sri Ajai Kumar Garg, learned counsel for the applicants, learned AGA for the State and perused the record.

The present application under Section 528 B.N.S.S. has been filed to quash the entire proceeding of Case No. 8283 of 2025 (State Vs Junaid and others) as well as charge sheet dated 28.06.2025 and summoning order dated 08.10.2025 arising out Case Crime No. 266 of 2025, under Sections 85, 76, 115(2) B.N.S., 3/4 D.P. Act & 3/4 Muslim Women (Protection of Rights on Marriage) Act, Police Station-Tanda, DistrictRampur.

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 Applicant No.1. 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 of Applicant No.1 is declined.

In case, the Applicant No.1 is not on bail, it is directed that if the Applicant No.1 appears or surrenders through counsel before the Trial Court and makes an 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

NA528 No. 19934 of 2026

2

Applicant No.1 moves 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 applicant no. 1 in the aforesaid case.

With the aforesaid direction, this application is disposed of in respect of Applicant No.1.

So far as Applicant Nos. 2 to 6 are concerned, learned counsel for the applicants submits that Applicant Nos. 2 to 6 are the close relatives of 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.

Let counter affidavit be filed by the learned AGA and Opposite Party No. 2 within four weeks. Applicants shall have two weeks thereafter to file rejoinder affidavit.

List this matter on 31.7.2026 in the daily cause list.

Until further orders of this Court, the proceeding of Case No. 8283 of 2025 (State Vs Junaid and others) arising out Case Crime No. 266 of 2025, under Sections 85, 76, 115(2) B.N.S. and 3/4 D.P. Act & 3/4 Muslim Women (Protection of Rights on Marriage) Act, Police StationTanda, District-Rampur shall remain in abeyance in respect of Applicant Nos. 2 to 6.

(Nand Prabha Shukla,J.)

May 15, 2026 Puspendra

Digitally signed by :- PUSPENDRA NARAYAN SINGH High Court of Judicature at Allahabad