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2025 DAILYLAW 192590 (ALL)

SMT. RAM BHATERI v. STATE OF U.P. AND ANOTHER

NA528/39495/2025 · 2025-10-12

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 39495 of 2025 Court No. - 79 Sl. No. 27 HON'BLE ANISH KUMAR GUPTA, J. 1. Heard Shri Vijeta Kushwaha, learned counsel for the applicant and Ms. Harshita Rani, learned A.G.A. for the State. 2. The instant application under section 528 BNSS has been filed seeking quashing of the Non Bailable Warrant dated 19.4.2023, cognizance/summoning order dated 23.9.2015 and charge sheet No. 320 of 2015 dated 13.6.2015 as well as the entire proceedings of Case Crime No. 348 of 2015 (State Vs. Smt. Ram Bhateri) under section 498-A, 323, 504, 506 IPC and section 3/4 of D.P. Act police station Hapur Nagar District Hapur pending before the Chief Judicial Magistrate, Hapur. 3. Learned counsel for the applicant submits that marriage of daughter of the opposite party no .2 was solemnized on 8.2.2015 with the son of the applicant herein. Immediately after the marriage the son of the applicant has gone missing and according to the learned counsel for the applicant he is not yet traceable. Subsequent thereto the applicant herein has sent back the daughter of the opposite party no. 2 to her parent home. Being aggrieved by the same the instant FIR has been lodged by the opposite party no. 2 on 14.4.2015 against the applicant herein as well as other family members. 4. Perusal of the record shows that the matter was investigated and the Versus Counsel for Applicant(s) : Mahendra Kumar Yadav, Mansa Singh, Swapnil, Vijeta Kushwaha Counsel for Opposite Party(s) : G.A. Smt. Ram Bhateri .....Applicant(s) State of U.P. and Another .....Opposite Party(s) charge sheet was filed only against the applicant herein upon which cognizance has also been taken by the trial court on 23.9.2015. Thereafter the trial proceeded and the statements of main witnesses namely opposite party no. 2 and his daughter have been recorded. The applicant herein failed to appear on various dates and continuously exemption applications were moved. Thereafter when the applicant herein failed to appear before the trial court non bailable warrant has been issued against her on 19.4.2023. Since then more than two and half years have passed but the applicant herein has not appeared before the trial court and at this stage the instant application has been filed seeking quashing of the entire proceedings of the instant case. 5. Looking at the facts and circumstances of the case, as the trial is pending since 2015 and the statements of the main witnesses have already been recorded long back and thereafter the proceedings are pending due to non cooperation of the applicant herein, therefore, this court does not find any illegality in the issuance of non bailable warrant against the applicant herein. At this belated stage, this court does not deem it appropriate to interfere with the proceedings of the trial court which are deliberately being delayed by the applicant herein. 6. For the reasons aforesaid, the instant application is dismissed. October 13, 2025 o.k. NA528 No. 39495 of 2025 2 (Anish Kumar Gupta,J.) Digitally signed by :- OM KRISHNA CHOUDHARY High Court of Judicature at Allahabad