Brijesh and 3 Others Vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

Brijesh and 3 Others Vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing declined; however, (i) if not on bail, applicants may appear or surrender through counsel and apply for bail within 45 days, to be considered and disposed of expeditiously; (ii) applicants may move a discharge application 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 entire proceedings of Criminal Case No. 69913 of 2024 (State Vs. Brijesh & others), the cognizance order dated 07.11.2023 and the charge sheet dated 07.08.2022 should be quashed in view of the compromise between the parties. +1 more

Court's answer

Prayer for quashing the proceedings, the cognizance order and the charge sheet is declined.

Ratio / Principle

On the material on record, at this stage it cannot be said that no offence is made out against the applicants; 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 failure of justice or abuse of procedure, to prevent abuse of process and secure the ends of justice.ratio¶14
If the applicants are not on bail, on their appearance or surrender through counsel before the Trial Court with a bail application 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.ratio¶18

Detailed headnote1 paragraphs

ALLAHABAD HIGH COURT (Nand Prabha Shukla, J.) — Application under Section 528 BNSS seeking quashing of the entire proceedings of Criminal Case No. 69913 of 2024 (State Vs. Brijesh & others), arising out of Case Crime No. 317 of 2022 under Sections 323, 498A, 504 IPC, Police Station Gagaha, District Gorakhpur, pending before the Additional Civil Judge (J.D.), Court No.4, Gorakhpur, together with the cognizance order dated 07.11.2023 and charge sheet dated 07.08.2022, on the ground that the matrimonial dispute between applicant No. 1 and opposite party No. 2 stands compromised — HELD: on the material on record it cannot be said at this stage that no offence is made out; the submissions raise disputed questions of fact which cannot be adjudicated in inherent jurisdiction; the quashing power may be exercised only where there is failure of justice or abuse of procedure/process; prayer for quashing declined. Directions: applicants free to appear/surrender and seek bail within 45 days (expeditious disposal); 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 until 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. - 6153 of 2026

Brijesh And 3 Others

.....Applicant(s)

Versus

State of U.P. and Another

	.....Opposite Party(s)
Counsel for Applicant(s)	: Brahma Nand Singh
Counsel for Opposite Party(s)	: G.A.

Court No. - 78

HON'BLE NAND PRABHA SHUKLA, J.

Heard Mr. Brahma Nand 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 a prayer to quash the entire proceedings of Criminal Case No. 69913 of 2024 (State Vs. Brijesh & others) arising out of Case Crime No. 317 of 2022, under Sections 323, 498A, 504 I.P.C., Police Station-Gagaha, DistrictGorakhpur pending in the Court of learned Additional Civil Judge (J.D.), Court No.4, Gorakhpur as well as the cognizance order dated 07.11.2023 and charge sheet dated 07.08.2022 in view of the compromise in the aforesaid case.

Learned counsel for the applicants submits that the matrimonial dispute between the applicant No. 1 and the opposite party No. 2 has been resolved and the opposite party No. 2 is residing with the applicant No. 1 at her matrimonial home.

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

NA528 No. 6153 of 2026

2

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.

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