HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 40016 of 2025 Court No. - 79 (Sl.No.14) HON'BLE ANISH KUMAR GUPTA, J. 1. Heard Ms. Tanya Shri, learned counsel for the applicant and Sri Kamlesh Kumar Tripathi, learned AGA for the State. 2. The instant application has been filed seeking quashing of the charge sheet dated 16.11.2024 as well as the summoning order dated 07.01.2025 and the entire proceeding of S.T. No. 101 of 2025 (State of U.P. vs. Suneeta Kesarwani) arising out of Case Crime No. 0154 of 2024, under Sections 85, 80(2) B.N.S. and added alternative Section 103 B.N.S. and Sectin 4 Dowry Prohibition Act, P.S. Pipri, District Kaushambi, pending in the court of Upper Sessions Judge/FTC-Ist, District Kaushambi. 3. Learned counsel for the applicant submits that the applicant herein is the mother-in-law of the deceased who was the daughter of the opposite party no.2. The deceased had attempted to commit suicide but later on she died in the hospiteal. The husband had got admitted the deceased in the hospital and the at the time of the admission of the deceased in the hospital, the opposite party no.2 had made a clear and categorical statement in writing that her daughter was mentally depressed due to which she had tried to commit the suicide. On the basis of the aforesaid submissions, learned counsel for the applicant seeks quashing of the entire proceeding of the instant case against the applicant herein. It is further submitted that the applicant herein was earlier granted anticipatory bail vide order dated 11.11.2024 passed by the co-ordinate Bench of this Court. However, since the applicant did not comply with the condition of Versus Counsel for Applicant(s) : Shri Kant Kesarwani, Tanya Shri Counsel for Opposite Party(s) : G.A. Smt Suneeta Kesarwani .....Applicant(s) State of U.P. and Another .....Opposite Party(s) the anticipatory bail, it was rejected vide order dated 26.09.2025 granting liberty to the applicant to file regular bail application. Thus learned counsel for the applicant further submits that if this Court comes to the conclusion that the proceeding of the instant case cannot be quashed, then some reasonable time may be granted to the applicant to surrender before the trial court and apply for regular bail and in the meantime, protection to be granted to the applicant herein. 4. Per contra, learned AGA submits that in the FIR, the specific allegations have been made against the applicant herein with regard to the demand of dowry by the applicant and the torture prior to the death of the deceased. The matter was duly investigated by the investigating agency and the charge sheet was filed against the applicant and the other two co- accused persons and the charges have already been framed against the applicant. Since the applicant was not cooperating in the trial, the anticipatory bail was cancelled by the co-ordinate Bench of this Court vide order dated 25.09.2025. Thus he submits that since a prima facie case is made out and the charges have already been framed and there is no material available before this Court to interfere with the matter, the instant application is liable to be dismissed. 5. Having heard the rival submissions made by learned counsel for the parties, this Court has carefully gone through the record of the case. While considering the allegations made in the FIR as supported by the witnesses under Sections 180 BNSS, a prima facie case is made out against the applicant and the charge sheet has also been filed on 16.11.2024, thereafter cognizance was taken on 07.01.2025. Subsequent thereto the charges have also been framed on 11.06.2025 against the applicant. 6. On the basis of aforesaid factual aspect, this Court finds no good reason to quash the entire proceeding against the applicant as prayed. However, looking at the circumstances that the applicant herein is a lady aged about 52 years and she is facing various ailments as is reflected from the medical record and further that she was already granted anticipatory bail by the co-ordinate Bench of this Court, in view thereof, the applicant herein is directed to surrender before the trial court concerned within two NA528 No. 40016 of 2025 2 weeks and apply for regular bail. Upon such appearance of the applicant before the trial court, her regular bail application shall be considered by the trial court in accordance with law expeditiously. 7. With the aforesaid observation, the instant application is disposed of. 8. For a period of two weeks from today, no coercive steps shall be taken against the applicant. October 15, 2025 Ashish Pd. NA528 No. 40016 of 2025 3 (Anish Kumar Gupta,J.) Digitally signed by :- ASHISH PRASAD High Court of Judicature at Allahabad Digitally signed by :- ASHISH PRASAD High Court of Judicature at Allahabad