Neutral Citation No. - 2025:AHC:62105 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 4483 of 2025 Applicant :- Anil Kumar And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Tej Om Prakash Gupta Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Tej Om Prakash Gupta, learned counsel for the applicants and Sri Bhuwal Vishwakarma, 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 24.10.2013, Ν.B.W. dated 5.3.2019 along with entire proceeding of Complaint Case No.814 of 2013 (Rajkumari Vs. Anil Kumar and others), under section 498A, 323, 504 I.P.C. and 3/4 Dowry Prohibition Act, Police Station Narkhi, District Firozabad. 3.Learned counsel for the applicants has submitted that a complaint was lodged by O.P. No.2 against the applicant in which on 24.10.2013, the applicants were summoned under Section 498- A, 323, 504 of IPC and Section 3/4 of D.P. Act. Learned counsel for the applicants submits that the applicants had obtained bail, however, O.P. No.2 is not appearing before the court below, who happens to be the complainant since 12.02.2016. Learned counsel for the applicants submits that since the O.P. No.2 was not appearing so the applicants were also under the impression that the proceedings would be dropped, as such applicants did not appear. Thus on 05.03.2019, non-bailable warrant has been issued. Learned counsel for the applicants further submits that the applicant shall be filing application for recalling of the said order. 4. Learned A.G.A. has no objection to the same. 5. Considering the submissions made across the Bar, the application stands disposed of directing the applicants to appear before the court below and to file a recall application by 16.05.2025 and in case, such an application is filed, same shall be decided in accordance with law with most expedition. 6. Till 16.05.2025, no coercive action shall be taken against the applicant in summoning order dated 24.10.2013, Ν.B.W. dated 5.3.2019 in Complaint Case No.814 of 2013 (Rajkumari Vs. Anil Kumar and others), under section 498A, 323, 504 I.P.C. and 3/4 Dowry Prohibition Act, Police Station Narkhi, District Firozabad. 7. The protection accorded to the applicant is only available subject to compliance of the terms and conditions and timeline as provided herein and in case of default, the order shall stand vacated without reference to the Bench. Order Date :- 24.4.2025 N.S.Rathour (Vikas Budhwar, J) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad