HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 37079 of 2025 Court No. - 75 HON'BLE VIKAS BUDHWAR, J. 1. Heard Sri Krishna Shankar, learned counsel for the applicant as well as Sri Pankaj Kumar Rai, learned State Law Officer for the State. 2. This application u/s 528 of BNSS has been preferred to quash/set aside the entire criminal proceedings as well as the summoning order dated 04.12.2024 passed by the Learned Additional Chief Judicial Magistrate, Court No.03, Kanpur Dehat, in Misc Case No.11117 of 2024 (Jyoti Gautam Vs. Anuj) under sections 323, 498-A, Indian Penal Code, & 3/4 D.P. Act, Police Station- Akbarpur, District Kanpur Dehat, pending in the court of the Additional Chief Judicial Magistrate, Court No.03, Kanpur Dehat. 3. The case of the applicant is that on 27.05.2024 a complaint stood lodged by the opposite party no. 2 against the applicant for the offences under Sections 498A, 323, 504 IPC read with Section 3/4 of the DP Act with an allegation that the marriage of the opposite party no. 2 stood solemnized with the applicant on 05.06.2020 at the time of marriage Rs. 50,000/- cash, household articles, motorcycle was offered but post marriage demand was raised for an amount of Rs. 2,00,000/- which according to them was deficient. It is also contended that the opposite party no. 2 on 10.05.2021 she was thrown out from her matrimonial house and a notice claimed to be issued on 14.05.2022 followed by a complaint 27.05.2024. Post recording of statement under 200 of the opposite party no. 2 followed by of Raj Bahadur, Sushila, the applicant came to be summoned under Sections 498A, 323 IPC and 3/4 of the DP Act on 04.12.2024. Learned counsel for the applicant has submitted that the summoning order cannot be sustained for the simple reason that totally omnibus and general allegations have been levelled there is nothing on record to show barring a date that dowry was demand though the applicant has been summoned under Section 323 IPC, there is no injury report available on record. Further contention is that there happen to a settlement on a notarized affidavit on 05.06.2023 whereby both the parties are living separately and the applicant had removal the articles which was being offered to him and further proceedings under Section 125 Cr.P.C. came to be lodged by the opposite party no. 2 against the applicant but the same was dismissed for non prosecution and it has not been disclosed on Versus Counsel for Applicant(s) : Krishna Shankar Counsel for Opposite Party(s) : G.A. Anuj Kumar .....Applicant(s) State of U.P. and Another .....Opposite Party(s) the basis of tailor made statements. Learned counsel for the applicant further submits that the applicant be granted liberty to prefer discharge application and till discharge is decided, no coercive action shall be taken against the applicant. 4. Learned State Law Officer, on the other hand, submits that offences are made out and whatever argument is being sought to be raised is a matter of defence. 5. I have heard the submission so made across the bar and perused the record carefully. 6. From the perusal of the statement under Section 200 and 202 vis-a-vis complaint, it is apparent that, prima facie, offences are made out as there is no material contradiction or variation of the statement vis-a-vis the complaint. At this juncture, learned counsel for the applicant, as per the instruction received from his client, seeks a direction for consideration of the application which the applicant would be filing for discharge. 7. Accordingly, looking into the overall facts and circumstances of the case, the application stands disposed of, the applicant is at liberty to file a discharge application before the court below by 17.10.2025 and on the filing of the discharge application, the court below shall decide the same preferably within two months. 8. Till the disposal of the discharge application, no coercive action shall be taken against the applicant pursuant to summoning order dated 04.12.2024 passed by the Learned Additional Chief Judicial Magistrate, Court No.03, Kanpur Dehat, in Misc Case No.11117 of 2024 (Jyoti Gautam Vs. Anuj) under sections 323, 498-A, Indian Penal Code, & 3/4 D.P. Act, Police Station- Akbarpur, District Kanpur Dehat, pending in the court of the Additional Chief Judicial Magistrate, Court No.03, Kanpur Dehat. 9. The protection so accorded to the applicant shall be only in those contingencies wherein the applicant sticks to the timelines and does not violate any of the conditions of the order. In case of any violation, the protection stand vacated without reference to the Bench. September 24, 2025 Rajesh NA528 No. 37079 of 2025 2 (Vikas Budhwar,J.) Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad