Allahabad High Court Stays Criminal Proceedings Against Sana Bano and Family
Court Finds Prima Facie Evidence of Retaliatory FIR Filed by Husband in Ongoing Domestic Dispute
In a significant development, the Allahabad High Court has granted an interim stay on criminal proceedings against Sana Bano and six other family members. The decision, delivered by Justice Shree Prakash Singh on September 25, 2025, comes amidst allegations of malicious prosecution by Sana Bano against her husband, following a series of conflicting FIRs between the couple.
The case, rooted in a domestic dispute, saw Sana Bano initially lodging an FIR against her husband on February 21, 2025, under several sections of the Bharatiya Nyaya Sanhita (B.N.S.), 2023, and the Dowry Prohibition Act. In what appears to be a retaliatory move, her husband filed a counter FIR on May 12, 2025, against Sana Bano and her family, alleging assault, despite an injury report showing no visible marks on the alleged victim.
During the hearing, Sana Bano's counsel argued that the criminal proceedings were a form of harassment and a clear case of malicious prosecution, citing the lack of injuries as evidence of a fabricated claim. The counsel further supported their stance by referencing the Supreme Court judgment in State of Haryana v. Bhajan Lal, which addresses the misuse of criminal law for harassment.
The state's counsel opposed the application, maintaining that the allegations were substantiated through investigation. However, the court, after reviewing the records and noting the retaliatory nature of the FIRs, deemed the matter worthy of further consideration.
Consequently, the High Court has issued notices to the parties involved and scheduled the next hearing for the week commencing November 3, 2025. Until then, the stay on the criminal proceedings remains in effect.
This case highlights the complexities surrounding matrimonial disputes and the legal intricacies involved when allegations of malicious prosecution arise.
Bottom Line:
Mention of corresponding provisions from repealed Acts is mandatory when referring to newly promulgated Acts like B.N.S., B.N.S.S., and B.S.A. to avoid inconvenience and ensure efficient adjudication.
Statutory provision(s): Section 482 Cr.P.C., Sections 126 (2), 194 (2), 115 (2), 351 (3) of B.N.S. 2023, Sections 85, 115(2), 352, 351(3) of B.N.S., Sections 3/4 of the Dowry Prohibition Act.
Sana Bano v. State of U.P., (Allahabad)(Lucknow) : Law Finder Doc Id # 2790220
