HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 18563 of 2026 Court No. - 78 HON'BLE NAND PRABHA SHUKLA, J. 1. Heard Sri Saurabh Kumar, learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The present application under Section 528 BNSS has been filed to allow this application and quash the entire proceeding of Case No. 117/9 of 2017 (State Vs. Naim and another) under Section 376-D Indian Penal Code, arising out of Case Crime No. 51 of 2016, under Sections 498-A, 323, 354, 504, 506, 377 I.P.C. and 3/4 of Dowry Prohibition Act, Police Station- Mahila Thana, District-Muzaffar Nagar pending in the Court of learned Chief Judicial Magistrate, Muzaffar Nagar and further be pleased to quash the impugned Charge-sheet No. 75-A of 2016 dated 10.12.2016 filed under Sections 376-D, Indian Penal Code, Police Station-Mahila Thana, District- Muzaffar Nagar as well as Non- Bailable Warrant issued against the applicant. 3. 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 applicant. 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. 4. Accordingly, prayer for quashing is declined. Versus Counsel for Applicant(s) : Saurabh Kumar Counsel for Opposite Party(s) : G.A. Naim .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 5. In case, the applicant is not on bail, it is directed that if the applicant appears or surrenders through counsel before the Trial Court and makes 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. 6. However, in the interest of justice, it is further provided that in case the applicant moves 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. 7. 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 applicant in the aforesaid case. 8. With the aforesaid direction, this application is disposed of. May 6, 2026 Puspendra NA528 No. 18563 of 2026 2 (Nand Prabha Shukla,J.) Digitally signed by :- PUSPENDRA NARAYAN SINGH High Court of Judicature at Allahabad