Ankit and 2 Others vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2026)

Ankit and 2 Others vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2026)

What the court decided

AI extract

Outcome

Application under Section 528 BNSS disposed of with the direction that if the applicants file their bail bonds before the trial court within four weeks from the date of the order and cooperate in the proceedings, no coercive measures shall be taken against them; in default of cooperation, the Trial Court is free to proceed against the applicants.

Issue for consideration

Whether, in view of the compromise between the applicants and opposite party No. 2, the pendency of the trial at the verge of conclusion, and the applicants' undertaking to cooperate, coercive measures (including the non-bailable warrant dated 30.08.2025) should be withheld and the application under Section 528 BNSS seeking quashing of the charge sheet, cognizance and summoning orders should be disposed of on those terms.

Court's answer

If the applicants cooperate in the court proceedings after filing their bail bonds before the Court concerned within a period of four weeks from the date of the order, no coercive measures shall be taken against the applicants.

Ratio / Principle

In case the applicants do not cooperate in the court proceedings, the Trial Court is free to proceed against the applicants.

Detailed headnote1 paragraphs

Allahabad High Court (Nand Prabha Shukla, J.) disposed of an application under Section 528 BNSS by Ankit and 2 others seeking quashing of the charge sheet dated 30.04.2022 and the cognizance/summoning orders dated 29.08.2022 passed by the Additional Chief Judicial Magistrate, Hapur in Criminal Case No. 16602 of 2022 (arising out of Case Crime No. 137 of 2022, Police Station Dhaulana, District Hapur), in which the applicants were summoned under Sections 498-A, 323, 504 and 506 IPC and Section 3/4 of the D.P. Act. Noting that the applicants and opposite party No. 2 had settled their disputes through compromise, that the trial was at the verge of conclusion, and that a non-bailable warrant dated 30.08.2025 had been issued against the applicants due to their non-appearance, the Court directed that if the applicants file their bail bonds before the trial court within four weeks from the date of the order and cooperate in the proceedings, no coercive measures shall be taken against them; failing cooperation, the Trial Court is free to proceed against them. Application disposed of (decision dated April 20, 2026).

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 39566 of 2025

Ankit And 2 Others

.....Applicant(s)

Versus

State of U.P. and Another

	.....Opposite Party(s)
Counsel for Applicant(s)	: Ashish Kumar Singh
Counsel for Opposite Party(s)	: G.A.

Court No. - 78

HON'BLE NAND PRABHA SHUKLA, J.

Heard Mr. Ashish Kumar Singh, 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 allow this application and quash the criminal proceedings of the charge sheet dated 30.04.2022 and Cognizance order as well as summoning order dated 29.08.2022 in Criminal Case No. 16602 of 2022 arising out of Case Crime No. 137 of 2022, in which applicants were summoned under Sections 498-A, 323, 504 and 506 IPC and Section 3/4 of D.P. Act, Police Station-Dhaulana, District-Hapur, passed by Additional Chief Judicial Magistrate, Hapur pending in the Court of Additional Chief Judicial Magistrate, Hapur.

Learned counsel for the applicants submits that the applicants and the opposite party No. 2 have settled their disputes through compromise and the trial is at the verge of conclusion, however, due to non-appearance in the court proceedings, non-bailable warrant dated 30.08.2025 had been issued against the applicants. The applicants are ready to cooperate in the court proceedings.

Learned counsel for the applicants undertakes that the applicants shall cooperate in the trial proceedings.

In case, the applicants cooperate in the court proceedings after filing their bail bonds before the Court concerned within a period of four weeks from the date of the order, no coercive measures shall be taken against the applicants.

NA528 No. 39566 of 2025

2

It is made clear that in case, the applicants do not cooperate in the court proceeding, Trial Court is free to proceed against the applicants.

With the aforesaid direction, the application u/s 528 BNSS is disposed of.

April 20, 2026 Shivani Sri.

(Nand Prabha Shukla,J.)

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