HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 34483 of 2026 Court No. - 83 HON'BLE CHAWAN PRAKASH, J. 1. Heard learned counsel for the applicants, Sri Jyoti Kumar Singh, learned A.G.A. for the State and perused the record. 2. The present application under Section 528 B.N.S.S. has been filed with the prayer to quash the impugned order dated 23.09.2022 passed by the learned Civil Jude/F.T.C. Kushinagar at Padrauna, in Case No. 5404 of 2017 (State Vs. Vinay Madheshiya) arising out of Case Crime No. 5 of 2017, under Sections 498A, 323, 504, 506, 406 IPC and 3/4 D.P. Act, Police Station Mahila Thana, District Kushinagar whereby charges were framed against the applicants. 3. Learned counsel for the applicants submits that the opposite party no. 2 lodged a first information report registered as Case Crime No. 5 of 2017, under Sections 498A, 323, 504, 506, 406 IPC and 3/4 D.P. Act at Police Station Mahila Thana, District Kushinagar against the applicants. During the investigation, statements of opposite party no. 2 and other witnesses were recorded. After completion of investigation, charge sheet was filed against the applicants. He further submits that according to the statements recorded during investigation, no prima facie case is made out against the applicants. The learned trial court failed to properly appreciate the evidence and framed charges against the applicants by impugned order dated 23.09.2022, therefore, the impugned order is illegal and liable to be set aside. 4. Per contra, learned A.G.A. vehemently opposed the submissions Versus Counsel for Applicant(s) : Kundan Kumar, Shivendra Pratap Singh Counsel for Opposite Party(s) : G.A. Vinay Prakash Madheshiya And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) advanced by learned counsel for the applicants and submitted that opposite party no. 2 lodged a first information report as Case Crime No. 5 of 2017, under Sections 498A, 323, 504, 506, 406 IPC and 3/4 D.P. Act at Police Station Mahila Thana, District Kushinagar against the applicants. During the investigation, statements of opposite party no. 2 and other witnesses were recorded wherein they fully supported the prosecution version. After investigation, charge sheet was filed against the applicants and the learned Magistrate took cognizance. He further submits that, on the basis of evidence collected during investigation, it cannot be said that no offence is made out against the applicants, therefore, application is liable to be dismissed. 5. According to the facts of this case, the opposite party no. 2 lodged a first information report as Case Crime No. 5 of 2017, under Sections 498A, 323, 504, 506, 406 IPC and 3/4 D.P. Act at Police Station Mahila Thana, District Kushinagar against the applicants. During the investigation, statements of opposite party no. 2 and other witnesses were recorded. On the basis of oral and documentary evidence collected during investigation, the Investigating Officer filed charge sheet against the applicants and the learned Magistrate took cognizance. 6. On the basis of the statements of the opposite party no. 2 and other witnesses, a prima facie case under Sections 498A, 323, 504, 506, 406 IPC and 3/4 D.P. Act is made out against the applicants. The learned trial court has not committed any illegality in passing the impugned order. 7. The application being devoid of merit is dismissed. September 8, 2026 Rmk. NA528 No. 34483 of 2026 2 (Chawan Prakash,J.) Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad