HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 38165 of 2025 Court No. - 75 HON'BLE VIKAS BUDHWAR, J. 1. Heard Sri Shreeprakash Singh, learned counsel for the applicant 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 impugned summoning order dated 2.5.2019, passed by Additional Chief Judicial Magistrate, Rampur in Complaint Case No. 2447 of 2018 (Rekha Devi vs. Vishnu Diwakar & others), under sections 498-A, 504, 506 IPC read with section 3/4 of D.P. Act, P.S. Milak, District Rampur. 3. The case of the applicant is that the applicant happens to be the husband of the O.P. No.2, whose marriage stood stolemnized on 29.04.2018 and the proceedings under Section 156(3) CrPC stood lodged on 24.09.2018 by the O.P. No.2 against the applicant herein and non-applicant father-in-law, mother-in-law and nanad under Sections 498-A, 354, 504, 506 IPC. Post recording of the statement of O.P. No.2 under Section 200 of CrPC followed by statement under Section 202 of CrPC, the applicant came to be summoned under Sections 498-A, 504, 506 IPC and 3/4 of D.P. Act. Learned counsel for the applicant submits that on 17.04.2025, bailable warrants have been issued. Learned counsel for the applicant submits that earlier proceedings under Section 9 of the Hindu Marriage Act came to be preferred being Case No.51 of 2019, which was decreed exparte on 05.08.2019 and thereafter proceedings under section 13(1)(i)(b) of the Hindu Marriage Act came to be instituted, which was also decreed exparte. Learned counsel for the applicant submits that O.P. No.2 is not staying with the applicant and further there are no offences made out. Versus Counsel for Applicant(s) : Archana Singh, Shreeprakash Singh Counsel for Opposite Party(s) : G.A. Vishnu Diwakar .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 4. Learned A.G.A. on the other hand submits that once the summoning order is of the year 2019 and the present application has been preferred in the year 2025 and according to the applicant, much water has flown, thus it is for the applicant to contest the trial and substantiate his stand. 5. I have heard the submissions so made across the Bar and perused the records carefully. 6. Apparently, post lodging of the proceedings under section 156(3) of CrPC, the applicant came to be summoned on 02.05.2019 under Sections 498-A, 504, 506 IPC read with Section 3/4 of the D.P. Act. The present application has been preferred approximately after 6 years on 22.09.2025 and according to the applicant, in the midway, proceedings under Sections 9 and 13 of the Hindu Marriage Act have also been decided exparte. In the opinion of the Court, it is for the applicant to appear before the court below and to contest the trial while taking all the factual and legal grounds, which are permissible under law. 7. Accordingly, the application is disposed of leaving it open for the applicant to contest the trial before the court below while raising all the legal and factual issues, permissible under law, and this Court has no reason to disbelieve that the court below shall consider the same strictly in accordance with law. October 6, 2025 N.S.Rathour NA528 No. 38165 of 2025 2 (Vikas Budhwar,J.) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad