HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 40314 of 2025 Court No. - 79 (Sl.No.15) HON'BLE ANISH KUMAR GUPTA, J. 1. Heard Sri Nasiruzzaman, learned counsel for the applicants, Sri Anwar Hussain, who has filed vakalatnama on behalf of opposite party no.2 today in Court, which is taken on record and Sri Pankaj Srivastava, learned AGA for the State. 2. The instant application has been filed seeking quashing of the charge sheet dated 22.08.2022 as well as the summoning order dated 27.09.2022 and the entire proceeding of Case No. 4634 of 2022 arising out of Case Crime No. 187 of 2022 under Sections 498-A, 323, 504, 506, 354 IPC and 3/4 D.P.Act, P.S. Akrabad, District Aligarh, pending in the court of ACJM/Civil Judge (JD), Court No.1, Aligarh. 3. Learned counsel for the applicants submits that after submission of charge sheet in the instant case, though cognizance was taken by the trial court, however the subsequent thereto the higher officer directed the further investigation in the matter. Thereupon, the applicants herein were exonerated in the further investigation by the investigating agency. Thereafter on 12.07.2023, subsequent thereto the opposite party no.2 had moved an application before the trial court for removing the name of the applicants from the cognizance order dated 29.05.2025, the trial court disposed of the said application by observing that the said application shall be considered at the time of framing of the charges in the instant case. The applicants had filed Criminal Revision No. 362 of 2025, which has also been dismissed vide order dated 23.09.2025. Learned counsel for Versus Counsel for Applicant(s) : Mohit Kumar Jaiswal, Nasiruzzaman Counsel for Opposite Party(s) : G.A. Kumari Lubna And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) the applicants submits that since the applicants have already been exonerated during the further investigation and the applicants no.1 and 2 are the unmarried daughters and applicant no.3 is the unmarried son, therefore, they are not beneficiaries of any demand of dowry as the allegation of which has been made in the FIR by the opposite party no.2. Therefore, they having been exonerated by the trial court, no fruitful purpose would be served by keeping the proceeding pending against them. In support of his submissions, learned counsel for the applicant relies upon the judgment of Apex Court in the case of Geeta Mehrotra v. State of U.P., (2012) 10 SCC 741, Achin Gupta vs. State of Haryana and Another : 2024 SCC Online SC 759 as well as Kahkashan Kausar Vs. State of Bihar, (2022) 6 SCC 599. Therefore, he seeks quashing of the entire proceeding of the instant case against the applicants herein. In the alternative he submits that some protection may be granted to the applicants herein to appear through their counsel and apply for discharge before the trial court concerned and interim protection be granted to them till their discharge application is disposed of. 4. Per contra, learned counsel for opposite party no.2 has vehemently opposed the application and the prayer made by learned counsel for the applicants. However, he could not deny the fact that pursuant to the order of the trial court for further investigation, the investigation was carried on and the applicants herein were exonerated during further investigation. 5. In view of the aforesaid facts and circumstances of the case, the applicants herein are permitted to file the discharge application within a period of three weeks from today. On such discharge application being moved by the applicants, the same shall be decided by the trial court in accordance with law within a period of two months after giving opportunity of hearing to the opposite party no.2. 6. Till the discharge application is disposed of by the trial court, no coercive steps shall be taken against the applicants. 7. With the aforesaid observation, the instant application is disposed of. October 16, 2025 Ashish Pd. NA528 No. 40314 of 2025 2 (Anish Kumar Gupta,J.) Digitally signed by :- ASHISH PRASAD High Court of Judicature at Allahabad