HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 35774 of 2026 Court No. - 77 HON'BLE NAND PRABHA SHUKLA, J. 1. Heard Mr. Vipin Kumar, learned counsel for the applicants, learned A.G.A. for the State and perused the record. 2. The present application under Section 528 BNSS has been filed with a prayer to allow the application and quash the entire criminal proceeding of Case No. 892 of 2025 (State Versus Mohshin @ Mohammad Haseev Khan and others) arising out of Case Crime No. 957 of 2024, under Sections 352, 351(3) of B.N.S., Police Station-Quarshi, District-Aligarh initiated before learned Judicial Magistrate-3rd Aligarh in pursuance of summoning order dated 02.04.2025 and to stay further proceeding of the aforesaid Case. 3. Learned counsel for the applicants submits that the applicant No. 1 (being the Devar) has been falsely implicated due to matrimonial dispute. 4. 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. 5. Accordingly, prayer for quashing is declined. Versus Counsel for Applicant(s) : Satyawati, Vipin Kumar Counsel for Opposite Party(s) : G.A. Mohshin @ Mohammad Haseev Khan And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 6. In case, the applicants are not on bail, it is directed that if the applicants 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. 7. Further, it is provided that in case the applicants move an application for discharge at an appropriate stage through counsel, the same shall be disposed of by the Trial Court by a reasoned and speaking order in accordance with law within six weeks thereafter. 8. 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. 9. With the aforesaid direction, this application is disposed of. October 8, 2026 Shivani Sri. NA528 No. 35774 of 2026 2 (Nand Prabha Shukla,J.) Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad