Neutral Citation No. - 2025:AHC:111950 HIGH COURT OF JUDICATURE AT ALLAHABAD ***** (SL No.25) Court No. - 78 Case :- APPLICATION U/S 528 BNSS No. - 7383 of 2025 Applicant :- Sunil Alias Seetu And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vivek Singh Counsel for Opposite Party :- G.A. Hon'ble Anish Kumar Gupta,J. 1. Heard Sri Vivek Singh, learned counsel for the applicants and Sri S.K. Ojha, learned A.G.A. for the State. 2. This application under Section 482 Cr.P.C. has been filed seeking quashing of the summoning order dated 16.05.2018 passed in Case No. 4364 of 2017 (Reena vs. Sunil and Others) under Section 406 I.P.C., P.S.- Mundali, District- Meerut, pending in the court of learned Additional Chief Judicial Magistrate, Court No. 5, Meerut. 3. Learned counsel of the applicants submits that the applicant no.1 is the husband of the opposite party no.2 and there was a matrimonial dispute between the parties. In connection therewith, earlier a similar case was lodged by the opposite party no.2 against the applicants, in which the matter was settled amicably and the opposite party no.2 started residing with the applicant no.1. Again the instant complaint case has been lodged with regard to an incident dated 10.06.2017 and 15.06.2017, on 11.07.2017. Therein, the applicants herein have been summoned vide impugned summoning order dated 16.05.2018, against which the instant Application under Section 528 BNSS has been filed by the applicants seeking quashing of the entire proceedings of the said complaint case against the applicants. 4. Learned A.G.A. for the State submits that since the summoning order was passed on 16.05.2018, therefore, since then much water has flown under the bridge in the aforesaid period of more than seven years. From the perusal of the complaint, a prima facie case is made out and the applicants are the habitual offenders, causing similar incidents again and again against the opposite party no.2, who was the legally wedded wife of the applicant no.1. In view thereof, no interference is called for in the instant case and learned A.G.A. seeks dismissal of the instant application. 5. Having heard the rival submissions made by learned counsels for the parties, this Court has carefully gone through the record of the case. From the record of the case it is apparent that the applicant no.1, was married to the opposite party no.2 on 03.07.2010. As per the complaint, since after the marriage there was illegal demand of dowry on the part of the applicants and the torture and harassment of the opposite party no.2, for which a Case Crime No. 128 of 2014 was lodged against the applicants, wherein, the allegation is that the applicant no.1 had assaulted the opposite party no.2, with knife. Subsequent thereto, the said matrimonial dispute was settled between the parties amicably on the assurance of the applicants that they will not further harass the opposite party no.2 and they started residing together, subsequent thereto, the applicants continued to harass and assault the opposite party no.2, for the demand of dowry and she was again abused and assaulted and thrown out from the matrimonial house and all her Stridhan and articles were kept in the custody of the applicants. When the said articles and Stridhan was demanded by the opposite party no.2, the same was refused by the applicants. The allegations made in the complaint are duly supported by the evidence of witnesses as well as from the previous allegations leveled by the opposite party no.2 against the applicants. Learned trial court after taking into consideration all the material available on record has found that offense under Section 406 I.P.C. prima facie made out against the applicants. In view thereof, the applicants were summoned for the offense under Section 406 I.P.C. vide order dated 16.05.2023. The applicants chose not to challenge the said order for more than seven years. After about seven years the same is being challenged. 6. In this view of the aforesaid, this Court does not find any illegality in the summoning order passed by the learned Magistrate. Therefore, the instant application is devoid of merit and is accordingly dismissed. Order Date :- 14.7.2025 Shubham Arya (Anish Kumar Gupta, J.) Digitally signed by :- SHUBHAM ARYA High Court of Judicature at Allahabad