Shamsheed Ahmad and 2 Others Vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2026)

Shamsheed Ahmad and 2 Others Vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2026)

What the court decided

AI extract

Outcome

Application disposed of; prayer for quashing declined, with directions that the applicants may apply for bail within 45 days (to be considered expeditiously after hearing the other side), may move a discharge application within 45 days (to be decided by a reasoned and speaking order within two weeks), and no coercive measures shall be taken against them for 45 days or till disposal of the discharge application, whichever is earlier.

Issue for consideration

Whether the entire proceeding of Criminal Case No. 1347 of 2025 (arising out of Charge Sheet No. 208 of 2025 / Case Crime No. 242 of 2024) and the cognizance/summoning order dated 01.09.2025 ought to be quashed under Section 528 BNSS.

Court's answer

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

Ratio / Principle

The power to quash 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 entire proceeding of Criminal Case No. 1347 of 2025 and the cognizance/summoning order dated 01.09.2025 is declined.ratio¶11
If the applicants are not on bail, they may appear or surrender through counsel before the Trial Court and apply for bail within 45 days; such application shall be considered and disposed of expeditiously after giving opportunity to the other side.ratio¶12
If the applicants move a discharge application 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.ratio

Detailed headnote1 paragraphs

ALLAHABAD HIGH COURT (Nand Prabha Shukla, J.) — Application under Section 528 BNSS (No. 2839 of 2026) by Shamsheed Ahmad and 2 others seeking quashing of the entire proceeding of Criminal Case No. 1347 of 2025 (State Versus Shamsheed Ahmad and others), arising out of Charge Sheet No. 208 of 2025 dated 01.08.2025 in Case Crime No. 242 of 2024 under Sections 498-A, 323, 504, 506 I.P.C. and 3/4 D.P. Act, Police Station Thakurdwara, District Moradabad, and of the Cognizance/Summoning order dated 01.09.2025 — HELD: on the material on record it could not be said that no offence was made out against the applicants; submissions raised disputed questions of fact not adjudicable by the High Court; quashing power exercisable only where there is failure of justice or abuse of procedure; prayer for quashing declined. Directions: applicants to be at liberty to apply for bail within 45 days (expeditious disposal after hearing the other side); liberty to move a discharge application within 45 days, to be decided by a 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 (May 7, 2026).

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 2839 of 2026

Shamsheed Ahmad And 2 Others

.....Applicant(s)

	Versus
State of U.P. and Another			.....Opposite Party(s)
Counsel for Applicant(s) Counsel for Opposite Party(s)	: Peeyush Kumar Kumar Pathak : G.A.	Pathak,	Prateeyush

Court No. - 78

HON'BLE NAND PRABHA SHUKLA, J.

Heard Mr. Peeyush Kumar Pathak, 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 a prayer to allow the present Criminal Misc. Application and quash the entire proceeding of Criminal Case No. 1347 of 2025 headed as (State Versus Shamsheed Ahmad and others) arising out of Charge Sheet No. 208 of 2025 dated 01.08.2025 in connection with the Case Crime No. 242 of 2024 under Sections 498-A, 323, 504, 506 I.P.C. and 3/4 D.P. Act, Police StationThakurdwara, District-Moradabad as well as Cognizance/Summoning order dated 01.09.2025 pending in the court of learned Judicial Magistrate Thakurdwara, Moradabad against the applicants.

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 make 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.

NA528 No. 2839 of 2026

2

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.

May 7, 2026 Shivani Sri.

(Nand Prabha Shukla,J.)

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