Neutral Citation No. - 2025:AHC:66379 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 6222 of 2025 Applicant :- Ankur Sharma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Gaurav Kakkar,Raghvendra Prakash Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Gaurav Kakkar, learned counsel for the applicant and Sri Rajeev Kr. Singh, learned A.G.A. for the State. 2. The instant application has been filed to quash the entire proceeding of Case No. 59 of 2025, arising out of case crime No. 114 of 2024, under Sections 498A, 304B IPC and 3/4 D.P. Act, P.S. Haldaur, District Bijnor as well as the cognizance order dated 1.1.2025 and charge sheet dated 29.12.2024. 3. Contention of learned counsel for the applicant is that the applicant has been falsely implicated in the present case merely because he is the husband of deceased. It is further submitted that actually the deceased as well as applicant tried to commit suicide together and they were admitted in the hospital by the elder brother of the applicant, information whereof was also given to the brother-in-law of the deceased by the elder brother of the applicant. It is further submitted that a bare perusal of the suicide note of the applicant as well as the footnote of the deceased at the tail end of the suicide note shows that they committed suicide for other reason and not due to harassment for demand of dowry. Learned counsel for the applicant has further relied upon the report of the forensic lab, showing that the suicide note was written in the handwriting of the applicant and the footnote in the handwriting of the deceased Shivani. Therefore, the impugned proceeding is abuse of process of the Court as the ingredients of Section 304-B IPC are not attracted. 4. Per contra, learned A.G.A. opposed the prayer on the ground that the suicide note is itself disputed which can be proved during trial and merely some contradiction between the statements of some witnesses, cannot be the ground to quash the impugned proceeding. 5. After hearing the submissions of learned counsel for the parties and on perusal of the record, it appears that opposite party No.2 as well as the sister of deceased, namely, Divya Sharma have clearly stated in their statements that the deceased was subjected to cruelty before her death and so far as the suicide note is concerned, though the detailed reasoning has been given in the suicide note, written by the applicant, but that does not show the exact reason for the suicide committed by the deceased Shivani. However, at this stage, it is not clear whether the three line note, mentioned at the tail end of the suicide note written by applicant, was actually written by the deceased Shivani. The same is disputed question of fact which can be considered during trial. 6. It is not in dispute that there is material that soon before her death, the deceased was subjected to cruelty and she died under unnatural circumstances. Therefore, prima facie case under Sections 498A, 304B IPC is made out for putting the accused under trial. 7. Therefore, this Court does not find a fit ground to quash the impugned proceeding at this stage. However, the defence raised by the counsel for the applicant can be considered during trial. 8. With the aforesaid observation, the application is dismissed. Order Date :- 29.4.2025 Vandana Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad