Neutral Citation No. - 2025:AHC:42442 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 9354 of 2025 Applicant :- Surendra Anand Alias Surinder Pal Anand And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashish Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Ashish Dwivedi, learned counsel for the applicants and Sri Sandeep Choudhary, learned AGA for the State. 2. The present application has been filed to quash the charges sheet no.238 of 2018 dated 07.08.2018, cognizance order dated 07.01.2019 and entire proceedings of Case No. 1202 of 2025, State Vs. Surendra Pal Anand and others, under Sections-498A, 323, 506 IPC and Section 3/4 D.P. Act, arising out of Case crime No.566 of 2017, Police Station-Prem Nagar, District-Bareilly, pending in the court of learned Civil Judge (Senior Division), FTC, Bareilly. 3. Contention of learned counsel for the applicants is that on the basis of general and vague allegation, entire family of the applicants has been falsely implicated. It is further submitted that the applicants had also filed discharge application before the court below which was rejected on 10.09.2024 on the ground that cognizance order dated 07.01.2019 has not been challenged before any court and ground raised by learned counsel for the applicants regarding making complaint against the opposite party no.2 is disputed question of fact that can be considered at the time of adducing evidence. Learned counsel for the applicants has further submitted that before the FIR in question, applicant no.2 had also filed an application before police against the opposite party no.2 for harassment on her part. Therefore, impugned proceeding is absolutely malicious and abuse of process of court and deserves to be quashed. 4. Per contra, learned AGA has submitted that there is no illegality in the impugned proceeding as the discharge application itself was rejected on the ground that cognizance order has not been challenged. Now after dismissal of discharge application, applicants had challenged the cognizance order without challenging the order by which the discharge application of the applicants was rejected. 5. Considering the submission of the parties and on perusal of record, it appears that FIR in question was lodged on 16.10.2017. Police after the investigation has submitted chargesheet on which the court has taken cognizance on 07.01.2019 and thereafter, the applicants also obtained bail. Thereafter, during the pendency of trial, applicants filed a discharge application, u/s 239 Cr.P.C., on the ground that applicant no.2 had filed several police complaints against the opposite party no.2, prior to lodging of the FIR in question. Therefore, this fact is not disputed that the grounds taken by applicants in present case are same as the grounds taken in discharge application and discharge application was rejected on the ground that such issue can be considered at the stage of taking evidence during trial. In the present case, applicants have not challenged the order dated 10.09.2024 by which the discharge application of the applicants was rejected. 6. This court is of the view that once the discharge application was rejected then the application u/s 482 Cr.P.C. on the same ground is not maintainable without challenging the order rejecting the discharge application. Even otherwise from the perusal of record, it appears that there are sufficient allegations against the applicants for dowry demand, therefore, this court does not find any illegality in the impugned proceeding. 7. However, considering the fact that applicant no.2 is an old lady, she is permitted to move an application u/s 205 Cr.P.C. (corresponding Section 228 of BNSS) on the ground of age as well as resident beyond the territorial limit of the court in question. In case, such application is filed, court below will consider the same, in accordance with law laid down by this court in Shlok Yadav Vs. State of U.P. & Another in Application u/s 482 No.2937 of 2025 vide order dated 06.02.2025. 8. With the aforesaid observations, present application is rejected. Order Date :- 24.3.2025 S.Chaurasia Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad