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Neutral Citation No. - 2025:AHC:141846 Court No. - 76 Case :- APPLICATION U/S 528 BNSS No. - 30447 of 2025 Applicant :- Jardai And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ramesh Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Vikram D. Chauhan,J.
1. Heard learned counsel for the applicants and learned AGA for the State. 2. This application has been filed by applicants for quashing the Charge Sheet dated 28.05.2019 and Cognizance order dated 24.06.2019, and as well as entire proceeding of Case No. 3081 of 2019 (State Vs. Munnu and Others), arising out of the Case Crime. No. 85 of 2019 Under Sections-506, 308 of I.P.C. & 3/4 D.P. Act, Police Statior.-Madihan, District-Mirzapur. 3. It is submitted by learned counsel for the applicants that applicants are father-in-law and mother-in-law. As per allegations in the FIR, it is alleged that applicants were harassing and assaulted the injured along with husband. It is submitted that as per allegations in the FIR, the injured was thrown at unknown place and was recovered by patrolling party. 4. Learned counsel for the applicant submits that the injury report is at page-27 of the paper-book, where injuries have been shown to be examined on 16.04.2019 whereas the incident is of 14.04.2019. He further submits that statement of the injured has been recorded where she has stated that one Ratankol was the person instrumental in the injury and father-in-law and mother-in-law were involved in the conspiracy. 5. Learned counsel for the applicant submits that the applicants are very poor persons and has been falsely implicated in the case. It is further submitted that the wife was having love affair with another person and she had already left the home. 6. It is to be seen that the factual controversy can not be decided in jurisdiction under Section 528 BNSS in view of the fact that there
are injuries sustained by the injured/wife and the injured has made allegations with regard to harassment for demand of dowry, as such no case for quashing the aforesaid criminal proceedings is made out. 7. The application u/s 528 BNSS is, accordingly, dismissed. 8. After passing of the order, learned counsel for the applicants states that applicants may be permitted to file bail application before the court below. 9.
Learned AGA has no objection to the prayer made by learned counsel for the applicants. 10. Under the circumstances, applicants are directed to approach the court concerned for bail. In order to enable the applicants to approach the court concerned for bail, for a period of 20 days, no coercive action shall be taken against the applicants. In case, the bail application is preferred by the applicants before the court concerned, the court concerned shall decide the same expeditiously without granting unnecessary adjournment to any party. Order Date :- 20.8.2025 S.Prakash Digitally signed by :- SHASHI PRAKASH High Court of Judicature at Allahabad