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

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

What the court decided

AI extract

Outcome

Interim relief only: notice issued to opposite party Nos. 2 and 3 (counter affidavit within four weeks, rejoinder two weeks thereafter), case listed for 30.07.2026, and proceedings in Criminal Case No. 6522 of 2024 ordered to remain in abeyance until further orders. The quashing prayer was not finally decided.

Issue for consideration

Whether the cognizance order dated 27.01.2021 passed by the learned Judicial Magistrate, Deoband, Saharanpur and the entire criminal proceeding in Criminal Case No. 6522 of 2024 (including the chargesheet dated 08.11.2020 in Case Crime No. 336 of 2019) should be quashed. +1 more

Court's answer

As an interim measure, until further orders of the Court, the proceedings in Criminal Case No. 6522 of 2024 (arising out of Case Crime No. 336 of 2019, under Sections 498A, 323 I.P.C., 3/4 Dowry Prohibition Act and 3/4 Muslim Women (Protection of Rights on Marriage) Act, Police Station Badgaon, District Saharanpur) shall remain in abeyance.

Ratio / Principle

Notice ordered to be issued to opposite party Nos. 2 and 3, returnable at an early date.

Key takeaways

Opposite parties may file a counter affidavit within four weeks, and a rejoinder affidavit may be filed within two weeks thereafter.ratio¶13
The case was ordered to be listed on 30.07.2026 in the daily cause list; the quashing prayer itself remains undecided.ratio¶17

Detailed headnote1 paragraphs

Allahabad High Court (Nand Prabha Shukla, J.), Application U/S 528 BNSS No. 41687 of 2025, Nayyar And 2 Others v. State Of U.P. And 2 Others (decided May 14, 2026): Interim-order judgment. Applicants seek quashing of the cognizance order dated 27.01.2021 passed by the learned Judicial Magistrate, Deoband, Saharanpur and of the entire criminal proceeding in Criminal Case No. 6522 of 2024 [State Versus Nayyar & others] — including the chargesheet dated 08.11.2020 in Case Crime No. 336 of 2019 under Sections 498A, 323 I.P.C., Sections 3/4 Dowry Prohibition Act and Sections 3/4 of the Muslim Women (Protection of Rights on Marriage) Act, Police Station Badgaon, District Saharanpur — pending before the Civil Judge (Jr.Div.)/F.T.C. Ist, Saharanpur. Ground urged: an earlier complaint on almost similar allegations is already at trial, and opposite party No. 3 had already left the matrimonial home. Court found the matter requires consideration, issued notice to opposite party Nos. 2 and 3 (counter affidavit four weeks; rejoinder two weeks thereafter), listed the case for 30.07.2026, and directed that the proceedings in Criminal Case No. 6522 of 2024 remain in abeyance until further orders. No precedent cited; final quashing issue left open.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 41687 of 2025

Nayyar And 2 Others

.....Applicant(s)

	Versus
State Of U.P. And 2 Others			.....Opposite Party(s)
Counsel for Applicant(s)	: Riyaz Husain, Saba	Sayeed Saif	Ullah, Sufia
Counsel for Opposite Party(s)	: G.A.

Court No. - 78

HON'BLE NAND PRABHA SHUKLA, J.

Heard Mr. Sayeed Saif Ullah, 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 the present application and quash the cognizance order dated 27.01.2021 against the Applicants passed by learned Judicial Magistrate, Deoband, Saharanpur as well as quash the entire criminal proceeding in Criminal Case No. 6522 of 2024 [State Versus Nayyar & others, under Sections 498A, 323 I.P.C. & 3/4 Dowry Prohibition Act & 3/4 of the Muslim Women (Protection of Rights on Marriage) Act, Police StationBadgaon, District-Saharanpur pending in the Court of learned Civil Judge (Jr.Div.)/F.T.C. Ist, Saharanpur including the Chargesheet dated 08.11.2020 submitted by the police after concluding the Case Crime No. 336 of 2019 under Sections 498A, 323 I.P.C. & 3/4 Dowry Prohibition Act & 3/4 the Muslim Women (Protection of Rights on Marriage) Act, Police StationBadgaon, District-Saharanpur.

It has been submitted by learned counsel for the applicants that prior to the instant criminal proceedings, the opposite party No. 3 had lodged a compliant on almost similar allegations wherein the applicants are facing the trial. It has also been submitted that the opposite party No. 3 had already left the matrimonial home and there was no occasion for the alleged incident.

Matter requires consideration.

Issue notice to opposite party Nos. 2 and 3, returnable at an early date.

Opposite parties may file counter affidavit within four weeks. Rejoinder

NA528 No. 41687 of 2025

2

affidavit may be filed within two weeks thereafter.

List this case on 30.07.2026 in the daily cause list.

Until further orders, the proceedings in Criminal Case No. 6522 of 2024 [State Versus Nayyar & others, arising out of Case Crime No. 336 of 2019, under Sections 498A, 323 I.P.C. & 3/4 Dowry Prohibition Act & 3/4 of the Muslim Women (Protection of Rights on Marriage) Act, Police Station-Badgaon, District-Saharanpur shall remain in abeyance.

May 14, 2026 Shivani Sri.

(Nand Prabha Shukla,J.)

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