HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 38841 of 2025 Court No. - 79 (SL No.227) HON'BLE ANISH KUMAR GUPTA, J. 1. Heard Sri Vikrant Gupta, learned counsel for the applicant and Ms. Harshita Rani , learned A.G.A. for the State. 2. The instant application under Section 528 BNSS has been filed seeking quashing of the charge-sheet no. 145 of 2024 dated 25.07.2024 as well as impugned cognizance/summoning order dated 21.02.2025 passed in Case No. 539 of 2025 (State of U.P. vs. Gulam Mohammad and Others) arising out of Case Crime No. 128 of 2024 under Sections 323, 504, 506 I.P.C. and under Section 3/4 of the Muslim Marriage Act, Police Station- Kotwali, District- Rampur, pending in the court of learned Additional Chief Judicial Magistrate-Ist, Rampur. 3. Learned counsel of the applicants submits that initially, the opposite party no.2 has lodged an F.I.R. being Case Crime No. 66 of 2023 on 17.10.2023 under Sections 498- A, 323, 504, 506 I.P.C. and under Section 3/4 DP Act, in which the matter was investigated and the charge-sheet was filed against the applicants herein. Subsequent thereto, the instant F.I.R. has been lodged by the opposite party no.2 against the applicants herein, narrating the a subsequent event dated 15.05.2024, wherein it is alleged that the applicants herein again came to the house of the opposite party no.2 and tried to assault, abuse and molest the opposite party no.2 and the applicant no.1 has pronounced triple talaq, which is prohibited under the provisions of the Muslim Women (Protection of Rights on Marriage) Act, 2019 (in short, 'the Act, 2019'). 4. Learned counsel for the applicants submits that subsequent thereto also, the opposite party no.2 had filed application under Section 173(4) of BNSS alleging the incident dated 17.11.2024, which was rejected vide order dated 24.02.2024 after obtaining a police report, according to which the allegations were false. Subsequent thereto, another complaint case was lodged by the opposite party no.2 on 17.10.2024, Versus Counsel for Applicant(s) : Vikrant Gupta Counsel for Opposite Party(s) : G.A. Akil And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) against which an application under Section 227 No. 8823 of 2025 was filed seeking quashing of the said proceedings, which was rejected by this Court, and the matter was disposed of with a direction to the applicants to file the appropriate application for discharge. 5. 5. The submission of learned counsel for the applicants is that due to the matrimonial dispute between the applicant no.1 and the opposite party no.2, the opposite party no.2 is repeatedly filing the false complaint case against the applicants herein. Therefore, he seeks quashing of the entire proceedings against the applicants herein. 6. Per contra, learned AGA submits that initially the opposite party no.2 has filed the F.I.R. being Case Crime No. 66 of 2022 on 17.10.2023, making out the allegations of harassment for demand of dowry by the applicants herein. Subsequent thereto, when the applicants herein came to the house of the opposite party no.2 and tried to abuse and molest the opposite party no.2, and the applicants has pronounced triple talaq, which is prohibited under the Act 2019, then, on a subsequent cause of action dated 15.05.2024, the instant F.I.R. was lodged by the opposite party no.2 against the applicants herein. 7. Subsequently, another complaint case was lodged by the opposite party no.2 for an incident dated 07.10.2024, according to which the applicants no.3 and 4 had entered into the house of the opposite party no.2 with illegal arms and threatened the opposite party no.2 to take back all the cases filed by her against the applicants. Therefore, the applicants were trying to coerce the opposite party no.2 to withdraw the cases which have been filed by the opposite party no.2, for which the Complaint Case No. 1331 of 2024 was filed by the opposite party no.2. 8. Subsequent thereto, another incident dated 17.11.2024 was reported by the opposite party no.2, according to which again the applicants no.3 along with other unknown persons, entered into the house of the opposite party no.2 again and raped the opposite party no.2, for which application under Section 173(4) BNSS was filed by the opposite party no.2. 9. Thus, there are repeated attempts by the applicants herein to coerce and threaten the opposite party no.2 to withdraw the proceedings lodged by the opposite party no.2 against the applicants herein. Therefore, all the incidents are with regard to the separate cause of action. Therefore, there is no illegality in the proceedings initiated against the applicants herein. 10. Having regard to the aforesaid submission advanced by learned A.G.A., since all the incidents are separate and repeatedly the applicants herein are trying to threaten and coerce the opposite party no.2 to withdraw the proceedings initiated by her on the applicants. Applicant no.1, in the instant, also pronounced triple talaq, which is prohibited under the 2019 Act, thus there are sufficient allegations to make out a NA528 No. 38841 of 2025 2 prima facie case against the applicants herein. 11. Thus, this Court do not find any good reason to entertain the instant application, and accordingly, the same is dismissed. (Anish Kumar Gupta,J.) October 28, 2025 Shubham Arya NA528 No. 38841 of 2025 3 Digitally signed by :- SHUBHAM ARYA High Court of Judicature at Allahabad