HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 38137 of 2025 Court No. - 75 HON'BLE VIKAS BUDHWAR, J. 1. Heard Sri Abhishek Kumar, learned counsel for the applicants and Sri Abhishek Tripathi, learned A.G.A. for the State. 2. This is an application under Section 528 of BNSS preferred by the applicants for quashing the summoning order dated 11.10.2023 passed by the Judicial Magistrate, F.T.C./Woman, Azamgarh in Complaint Case No.1553 of 2023 (Ruchi Singh Vs. Chandan Singh and others), under section 498A, 323 of I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station Tarwan, District Azamgarh. 3. The case of the applicant is that on 29.03.2023, a proceeding under Section 156(3) of CrPC was lodged by the O.P. No.2 against the applicants, who happens to be father-in-law, mother-in-law and other family members with an allegation that the marriage of the O.P. No.2 stood solemnized with one Chandan on 29.04.2018 and in the marriage gifts worth Rs.3,00,000/- and expenditures of lakhs of rupees were incurred, but the applicants were not happy with the same as their demand was much more. It is further contended that on 25.02.2021, the applicants herein acted as a gang along with other family members and inflicted injury and she was thrown out of her matrimonial house on 20.02.2022 and she is staying in her maternal house. Post recording of the statement of O.P. No.2 under Section 200 of CrPC followed by statement under Section 202 of CrPC of Tej Bahadur and Versus Counsel for Applicant(s) : Abhishek Kumar Counsel for Opposite Party(s) : G.A. Kamlesh Singh And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s) Ravindra Pratap Singh, the applicants came to be summoned on 11.10.2023 under Sections 498-A, 323 IPC and 3/4 of D.P. Act. 4. Questioning the summoning order, the present application has been preferred. 5. Learned counsel for the applicants has submitted that the present proceeding is nothing but a counterblast and a retaliation, particularly when prior to lodging of the impugned complaint, proceedings under Section 156(3) CrPC came to be lodged by the applicant no.2 against the O.P. No.2 and their faction under Sections 323, 504, 506, 452, 120-B IPC, pursuant whereto the O.P. No.2, the O.P. No.2 and faction were summoned and injuries was also sustained. It is also contended that applicants have been summoned under Section 323 IPC, but there is no injury report available on record. It is also contended that the statements made under Sections 200 and 202 of CrPC are tailormade just in order to suit the circumstances and the court below without recording any prima facie satisfaction, regarding the attraction of the penal sections has summoned the applicants in a routine manner. Learned counsel for the applicants further as per the instructions submits that the applicant shall be filing a discharge application. 6. Learned A.G.A. as well as learned counsel for O.P. No.2 on the other hand submit that perusal of the allegations in the complaint, vis-a-vis the statements under Sections 200 and 202 of CrPC, nowhere show that there is any material contradiction or variation, which goes to the root of the matter which makes the case triable, however, he submits that once the applicants seek to file discharge application, he has no objection. 7. Considering the submissions so made across the Bar and looking into the nature of allegations and stands of the parties, the application is disposed of directing the applicants to file the proceedings by way of discharge application by 31.10.2025 and this Court has no reason to disbelieve that the court below shall decide the same with most expedition. 8. Till the discharge application is decided, no coercive action shall be taken against the applicants with respect to the summoning order dated 11.10.2023 passed by the Judicial Magistrate, F.T.C./Woman, Azamgarh in Complaint Case No.1553 of 2023 (Ruchi Singh Vs. Chandan Singh and others), under section 498A, 323 of I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station Tarwan, District Azamgarh. NA528 No. 38137 of 2025 2 9. The protection accorded to the applicants is only available subject to compliance of terms and conditions and timeline as provided herein and in case of default, the order shall stand vacated without reference to the Bench. October 6, 2025 N.S.Rathour NA528 No. 38137 of 2025 3 (Vikas Budhwar,J.) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad