HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 1803 of 2025 Court No. - 14 HON'BLE RAJEEV SINGH, J. 1. Heard learned counsel for the applicants, learned A.G.A. for the State of U.P., Shri Padum Nath Mishra, learned counsel for the opposite party no.2 and perused the record. 2. This application under Section 528 BNSS has been filed for quashing the summoning order dated 23.08.2025, charge-sheet dated 28.6.2025 and entire criminal proceedings of criminal case no.17030 of 2025, (State vs. Santosh Gupta and ors) u/s 498-A, 323, 504, 506, 494, 354 IPC, and Section 3/4 D.P. Act, P.S. Mahila Thana, District Gonda pending before the Civil Judge, (Junior Division), FTC- 2, Gonda. 3. Learned counsel for the applicant submitted that applicants are father-in-law, mother-in-law and brother-in-law of the private respondent It is further submitted that they do not have any concern with the husband of private respondent. The applicants are not having any relation with the private respondent and after two months from the date of marriage, they were residing separately. He further submitted that due to matrimonial dispute in between the private respondent and her husband a complaint case was filed which was registered as Complaint Case No.7868 of 2024 (Smt Arti Gupta vs. Santosh Kumar and 3 others) in which cognizance was taken and summons were issued by the Civil Judge, (Senior Division), FTC, Gonda under Sections 323, 498-A, 504, 506 IPC and Section 3/4 D.P. Act, P.S. Wazirganj, District Gonda. In the said case, applicants Versus Counsel for Applicant(s) : Tarun Kumar Pandey Counsel for Opposite Party(s): G.A., Padum Nath Mishra, Vijayendra Prakash Tripathi Jokhu And 2 Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And Another .....Opposite Party(s) have already been enlarged on bail. 4. Learned counsel further submitted that on the basis of concocted fact, FIR of the case in question was lodged on 07.02.2025 with the allegation that applicant no.3 also attempted to outrage her modesty on 25.2.2023, but this fact was never brought to the notice of the court in the complaint. As charge sheet has already been filed by the Investigating Officer in the case in question in a most mechanical manner without considering this fact that one complaint is also pending before the competent court therefore, kind indulgence of this Court is necessary. 5. Learned counsel for the complainant submitted that C.R.L.P. No.3018 of 2025 was filed by the applicants and husband of private respondent collectively before this Court, in which order was passed on 16.4.2025. On the submissions of applicant's counsel that issue in question is related to the matrimonial dispute and there are chances of amicable settlement through mediation and he also prayed that the matter may be referred to the Mediation and Conciliation Centre of this court and applicants were ready to deposit Rs.40,000/- till 28.4.2025 to show their bonafide. Therefore, the matter ordered to be listed on 28.4.2025. 6. Learned counsel for the complainant further submitted that the aforesaid money was not deposited either by petitioners or her husband. therefore, matter could not be sent to the Mediation and Conciliation Centre. He further submitted that the incident dated 25.2.2023 was not brought into the notice of the court concerned on the ground that victim was under impression that matrimonial dispute will be resolved amicably. Thereafter, it came in her knowledge that her husband also entered into a second marriage with the association of applicants with Rupa Gupta. and a child was borne out of their wedlock on 17.7.2025. Therefore, learned counsel for the applicants placed incorrect facts that the husband of the private respondent is not in association of the applicants and also requested for dismissal of the application. 7. Learned AGA vehemently opposed the prayer of applicants and submitted that charge sheet has already been filed. He further NA528 No. 1803 of 2025 2 submitted that in case on the similar facts, one criminal complaint is pending before the competent court and charge sheet is submitted by the Investigating Officer on the basis of FIR then both the proceedings could be clubbed under the provisions of Section 210 Cr.P.C. 8. Considering the submissions of learned counsel for the parties and going through the contents of the petition; as specific question was asked from the applicants about filing of Criminal Misc Writ Petition No.3018 of 2025 collectively, by the applicants along with husband of the private respondent, then he does not dispute this fact and he also admitted that he was aware about the fact of filing of aforesaid petition. As allegation in the case in question is related to attempt of molestation on 25.2.2023 and other relevant allegation as charge sheet has already been filed therefore, the present application is misconceived and the same is hereby, dismissed. However, it is open to the applicants to take appropriate remedy available under law. December 4, 2025 Pks NA528 No. 1803 of 2025 3 (Rajeev Singh,J.) Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench