HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 38439 of 2025 Court No. - 79 (SL No.6) HON'BLE ANISH KUMAR GUPTA, J. 1. Heard Sri Kamlesh Singh, learned counsel for the applicant and Sri Kamlesh Kumar Tripathi, learned A.G.A. for the State. 2. The instant application under Section 528 BNSS has been filed seeking quashing of the charge-sheet dated 12.08.2022 as well as impugned cognizance/summoning order dated 13.12.2024 passed in Criminal Case No. 4069 of 2022 (State vs. Pintu @ Kuanar Bahadur & Others), arising out of Case Crime No. 0172 of 2022 under Sections 498A, 323, 504, 506 I.P.C., P.S.- Saurikh, District- Kannauj, pending in the court of learned Additional Chief Judicial Magistrate, Chhibramau, District- Kannauj. 3. Learned counsel of the applicants submits that earlier, the applicants have approached this Court by filing the Application under Section 482 Cr.P.C. No. 27739 of 2024 (Pintu @ Kuanar Bahadur and Another vs. State of U.P. and Another), which was disposed of by this Court vide order dated 26.09.2024 while setting aside the summoning order dated 05.09.2022, and the matter was remitted back. Subsequent thereto, a fresh order of summoning was passed against the applicants on 13.12.2024, against which the instant application has been filed by the applicants herein. 4. The submission of learned counsel for the applicants is that the opposite party no.2, namely Shiva Yadav, was living in a live-in Versus Counsel for Applicant(s) : Kamlesh Singh Counsel for Opposite Party(s) : G.A. Pintu @ Kuanar Bahadur And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) relationship with the son of the applicants no.1 and 3, and after some time she has filed two F.I.Rs. against the applicants. However, from the perusal of the F.I.R., it is stated by learned counsel for the opposite party no.2 that she was married to the son of the applicants no.1 and 3, namely Anuj Yadav, on 28.5.2021. Subsequent thereto, there was a demand of dowry by the applicants and the husband of the opposite party no.2, and due to which she was tortured and beaten up many a times, and thereafter she was thrown out from the matrimonial house on 08.04.2022. Accordingly, the incident was reported by the opposite party no.2 on 10.04.2022. 5. Since the prime facie submission of the applicants is that no marriage was solemnized between the opposite party no.2 and the son of the applicants no.1 and 3, therefore, they are disputing the factum of the marriage between the opposite party no.2 and Anuj Yadav, which goes very root of the matter. The aforesaid fact cannot be decided while entertaining the proceedings under Section 528 BNSS, for which a detailed trial is required, wherein the parties are required to lead the evidence. 6. In view of the aforesaid, this Court do not find any good reason to entertain the instant application. Accordingly, the same is dismissed. 7. However, learned counsel for the applicants submits that the applicants have already moved a discharge application, and a direction is sought for an earlier disposal of the same. Accordingly, it is directed that if any application for discharge is pending on behalf of the applicants, the same shall be dealt with in accordance with law as expeditiously as possible. October 14, 2025 Shubham Arya NA528 No. 38439 of 2025 2 (Anish Kumar Gupta,J.) Digitally signed by :- SHUBHAM ARYA High Court of Judicature at Allahabad