Neutral Citation No. - 2025:AHC:70077 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 5319 of 2025 Applicant :- Akhilesh And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajiv Chowdhury Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Rajiv Chowdhury learned counsel for the applicants as well as Sri Abhishek Tripathi, learned AGA for the State/opposite party no.1. 2. This application under Section 528 of the B.N.S.S. has been filed by the applicants to quash the summoning order dated 18.8.2008 passed by Civil Judge (J.D.)/J.M. (F.T.C.) Kasganj in Complaint Case No.1664 of 2020 (Ashok Kumar Vs. Akhilesh and others), under Sections 498A, 323, 506 IPC and 3/4 of the D.P. Act, Police Station Soron, District Kasganj. 3. Learned counsel for the applicants has submitted that the applicant no.1 is the husband, applicant no.2 is the father-in-law, applicant no.3 is the Jeth and applicant no.4 is the Jethani and the marriage of the sister of the opposite party no.2 stood solemnized with applicant no.1 on 17.6.2005. He has further submitted that already the wife has preferred proceedings while lodging an FIR under Section 498A IPC read with Section 3/4 of the D.P. Act on 6.11.2009 in which a charge sheet has been submitted on 30.9.2011 and the applicants are on bail, however, now the present proceedings have been initiated by the brother of the wife which is not permissible. He has also submitted that both the proceedings cannot go on simultaneously with the same cause of action. 4. Learned AGA on the other hand submits that the summoning order which is being subject matter of challenge is dated 18.8.2008 which dis-entitles the applicants for any relief particularly when he has approached this Court after 17 years might be the applicants bailable warrants have been issued. He further submits that it is always open for the applicants to take proceedings under Section 210 of the Cr.P.C. 5. At this stage, learned counsel for the applicants submits that the applicants shall be preferring appropriate application under Cr.P.C. 6. Having heard the submissions so made across the bar, this Court does not find any justifiable reason to interfere at this stage, thus the application is rejected. However, it is open for the applicants to take appropriate legal proceedings as permissible under law. Order Date :- 2.5.2025/piyush Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad