HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 6153 of 2026 Court No. - 78 HON'BLE NAND PRABHA SHUKLA, J. 1. Heard Mr. Brahma Nand Singh, 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 quash the entire proceedings of Criminal Case No. 69913 of 2024 (State Vs. Brijesh & others) arising out of Case Crime No. 317 of 2022, under Sections 323, 498A, 504 I.P.C., Police Station-Gagaha, District- Gorakhpur pending in the Court of learned Additional Civil Judge (J.D.), Court No.4, Gorakhpur as well as the cognizance order dated 07.11.2023 and charge sheet dated 07.08.2022 in view of the compromise in the aforesaid case. 3. Learned counsel for the applicants submits that the matrimonial dispute between the applicant No. 1 and the opposite party No. 2 has been resolved and the opposite party No. 2 is residing with the applicant No. 1 at her matrimonial home. 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. 6. In case, the applicants are not on bail, it is directed that if the applicants Versus Counsel for Applicant(s) : Brahma Nand Singh Counsel for Opposite Party(s) : G.A. Brijesh And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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. 7. However, in the interest of justice, it is further provided that in case the applicants move an application for discharge at an appropriate stage through counsel within 45 days, the same shall be disposed of by the Trial Court by a reasoned and speaking order in accordance with law within two 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. May 7, 2026 Shivani Sri. NA528 No. 6153 of 2026 2 (Nand Prabha Shukla,J.) Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad