Mukim And Another v. State of U.P. and Another

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 12236 of 2026 Court No. - 77

HON'BLE SAURABH SRIVASTAVA, J.

1. Heard learned counsel for the applicant and learned A.G.A. for State.

2. On previous occasion notices were issued to opposite party no.2 and the same has been reported as served, when the matter has been taken up today none appeared on behalf of opposite party no.2 either in person or through counsel. No option left but to consider the prayer as made through instant application on the basis of documents available in the records as well as arguments raised by learned counsel for the applicant, although it is moral and legal obligation upon the opposite party no.2 to put his appearance after service of notice before any forum of law for protecting and defending the case when the same has been challenged.

3. The instant application has been preferred for seeking quashing of the charge-sheet dated 02.08.2023, cognizance/summoning order dated 17.12.2025 and the entire proceedings of Case No.51172 of 2025 (State vs. Mukim and Another) arising out of Case Crime No.423 of 2023, under sections 354A, 354D, 504, 506 IPC, P.S. Quarsi, District- Aligarh, pending in the court of learned Chief Judicial Magistrate, Aligarh.

4. Brief facts of the case is that initially an FIR dated 25.05.2023 being Case Crime No.423 of 2023, under sections 354A, 354D, 504, 506 IPC has been lodged by victim/opposite party no.2 against the applicants including some family members with an allegation that accused Mukim, who is her (victim's) cousin has blackmailing her on account of some obscene photographs and also threatened her to face consequence if she married with other guy, in which his mother (applicant no.2) is also supporting him, Versus

Counsel for Applicant(s) : Najam Uz Zaman Khan

Counsel for Opposite Party(s) : G.A.

Mukim And Another

.....Applicant(s)

State of U.P. and Another

.....Opposite

Party(s)

1

wherein after conducting detail investigation concerned Investigating Officer preferred charge-sheet against the applicants, upon which cognizance of offence has been taken up by learned court concerned vide order dated 17.12.2025, which impugned the present application.

5. On previous occasion, specific query has been made before learned AGA in respect of collecting corroborated evidence on the basis of allegation so made by the informant in respect of derogatory messages along with certain photographs.

6. Upon instructions, learned A.G.A. fairly submitted that no photographs or any messages have been collected from any source by concerned Investigating Officer, which corroborates the offence as levelled against the applicants.

7. In rejoinder, learned counsel for applicants submits that applicants have been falsely implicated in the present case by opposite party no.2 only to harass them, whereas by bare perusal of material available on record, there is hardly any allegation levelled against applicants upon which trial can proceed. It is further submitted by learned counsel for applicants that only to make pressure upon applicants in respect of some complaint cases persisting between the parties, applicants were implicated in the present case. Learned counsel for applicants also submitted that the present criminal proceeding is abuse of process of law. Learned counsel for applicants lastly submitted that if there is hardly any allegation levelled against applicants then under which circumstance, the concerned Investigating Officer submitted chargesheet against them whereupon without applying its judicial mind, learned court concerned took cognizance of offence over the said chargesheet which is bad in the eye of law and as such, same may be quashed.

8. After considering the above arguments made by learned counsel for the applicant as well as reply made by learned AGA through his instructions, this Court finds that the implication of applicant on the basis of certain allegation which attracted section 354A, 354D, 504, 506 IPC is having broken legs to carry forward to further progress, which has bleak chances to culminate into conviction and as such prima-facie as per the opinion of this Court, the matter does not come under the category where the implication of applicants is said to be justified.

9. In view of aforementioned facts and circumstances of the case, the entire NA528 No. 12236 of 2026

2

proceedings of Case No.51172 of 2025 (State vs. Mukim and Another) arising out of Case Crime No.423 of 2023, under sections 354A, 354D, 504,

506 IPC, P.S. Quarsi, District- Aligarh, pending in the court of learned Chief Judicial Magistrate, Aligarh, which includes charge-sheet dated 02.08.2023 and cognizance/summoning order dated 17.12.2025, are hereby set-aside.

10. The instant application stands allowed accordingly.

April 20, 2026

Saif NA528 No. 12236 of 2026

3

(Saurabh Srivastava,J.)

3