HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 9569 of 2026 Court No. - 78 HON'BLE NAND PRABHA SHUKLA, J. 1. Heard Mr. Ashish Mishra, 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. 21000 of 2024, arising out of Case Crime No. 60 of 2024, State of U.P. Vs. Sunil Kumar and others, Under Sections 498-A, 323, 506 I.P.C. & 3/4 D.P. Act, Police Station-Mahila Thana, District-Muzaffar Nagar, including charge sheet dated 29.04.2024 as well as cognizance/summoning order dated 17.10.2024. 3. Learned counsel for the applicants submits that the applicant No. 1 is the mother-in-law and applicant No. 2 is the father-in-law of opposite party No. 2 and the husband of opposite party No. 2 has died during the pendency of the investigation. It has also been submitted that the opposite party No. 2 has solemnized re-marriage and is residing at her new matrimonial home. It has further been submitted that the husband of opposite party No. 2 has expired yet the cognizance has been taken against the husband and the instant FIR has been lodged on the basis of general and omnibus allegations. 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) : Ashish Mishra Counsel for Opposite Party(s) : G.A. Smt. Vimla And Another .....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. 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. March 25, 2026 Shivani NA528 No. 9569 of 2026 2 (Nand Prabha Shukla,J.) Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad