Sunil Sharma and 2 Others Vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

Sunil Sharma and 2 Others Vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing declined; however, directions issued: (i) if applicants appear/surrender through counsel and apply for bail within 45 days, the bail application to be considered and disposed of expeditiously; (ii) discharge application moved through counsel within 45 days to be decided by the Trial Court by a reasoned and speaking order within two weeks thereafter; (iii) no coercive measures against the applicants for 45 days or till disposal of the discharge application, whichever is earlier.

Issue for consideration

Whether the Cognizance Order dated 02.02.2022, Summoning Order dated 29.03.2022 and N.B.W. dated 19.06.2024 (consequential to Charge Sheet dated 05.04.2021) in Case No. 5775 of 2022, arising out of Case Crime No. 278 of 2019 under Sections 498-A, 504, 506 I.P.C. and 3/4 D.P. Act, should be quashed under Section 528 BNSS.

Court's answer

On perusal of the material on record it cannot be said that no offence is made out against the applicants; the submissions at the bar relate to disputed questions of fact which cannot be adjudicated by this Court; the inherent power may be exercised only where there is failure of justice or abuse of procedure, to prevent abuse of process and secure the ends of justice.

Ratio / Principle

Prayer for quashing the cognizance order, summoning order and N.B.W. is declined.

Key takeaways

If the applicants are not on bail and 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 bail application shall be considered and disposed of expeditiously after giving opportunity to the other side.ratio¶5
If the applicants move an application for discharge 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¶7

Detailed headnote1 paragraphs

Quashing under Section 528 BNSS refused — Application to quash Cognizance Order dated 02.02.2022, Summoning Order dated 29.03.2022 and N.B.W. dated 19.06.2024 in Case No. 5775 of 2022 (State Versus Sunil Sharma and other), arising out of Case Crime No. 278 of 2019, Police Station Mahila Thana, District Ghaziabad, under Sections 498-A, 504, 506 I.P.C. and 3/4 D.P. Act — Held: material on record does not show that no offence is 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, to prevent abuse of process and secure the ends of justice; prayer declined. Directions: (i) applicants, if not on bail, to appear/surrender through counsel and apply for bail within 45 days — application to be considered and disposed of expeditiously; (ii) discharge application through counsel within 45 days to be disposed of by the Trial Court by a reasoned and speaking order within two weeks thereafter; (iii) no coercive measures for 45 days or till disposal of discharge application, whichever earlier. Application disposed of. (Nand Prabha Shukla, J.)

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 43317 of 2025

Sunil Sharma And 2 Others

.....Applicant(s)

Versus

State of U.P. and Another

		...	..Opposite Party(s)
Counsel for Applicant(s)	: Ashutosh Kumar Kumar Gautam	Pandey,	Gajendra
Counsel for Opposite Party(s)	: G.A.

Court No. - 78

HON'BLE NAND PRABHA SHUKLA, J.

Heard Mr. Gajendra Kumar Gautam, 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 quash the entire Cognizance Order dated 02.02.2022, summoning dated 29.03.2022 as well as N.B.W. dated 19.06.2024 of Charge Sheet dated 05.04.2021 in Case No. 5775 of 2022 State Versus Sunil Sharma and other, under Sections 498-A, 504, 506 I.P.C. and 3/4 D.P. Act, Police StationMahila Thana, District-Ghaziabad arising out of Case Crime No. 278 of 2019, pending in the Court of learned Civil Judge (Junior Division) Fast Track Court -1 (Atrocities Against women) Ghaziabad.

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. 43317 of 2025

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