Neutral Citation No. - 2025:AHC:112809 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 9947 of 2025 Applicant :- Irfan Ali Hashim Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajay Kumar Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Shri Ajay Kumar Dwivedi, counsel for the applicant and Shri S.K. Singh, learned AGA for the State. 2. This application under Section 528 BNSS has been filed by the applicants to quash the summoning order dated 27.03.2025 passed by Judicial Magistrate, Firozabd entire proceeding of as well as the complaint Case No. 31204/2023 (Noor Jahan. Vs. Irfan Ali and others) under Section 498A, 323 I.P.C. 3/4 Dowry Prohibition Act and 3/4 Muslim Women Protection Act, Police Station-Ramgarh District-Firozabad against the the applicant, pending in the Judicial Magistrate, Firozabad. 3. Learned counsel for the applicant has submitted that the applicant happens to be the husband of the opposite party No. 2, marriage whereof was solemnized on 09.11.2005. Learned counsel for the applicant has submitted that on 31.01.2008, the proceedings were lodged by the opposite party No. 2 for the offences under Sections 498A, 323, 504, 506 IPC read with Section 3/4 D.P. Act with an allegation that the demand of dowry was being made and the opposite party No. 2 was subjected to maltreatment and she was assaulted. On 20.06.2008 on the basis of the statements under Sections 200 and 202 Cr.P.C., the applicant came to be summoned under Sections 498A, 323 IPC read with Section 3/4 of the D.P. Act by the Court of Additional Civil Judge (Senior Division)/ Additional Chief Judicial Magistrate, Agra. 4. Questioning the same, the applicant preferred Application U/S 482 No. 31126 of 2008 in which interim order was passed in favour of the applicant and the matter was referred to the mediation. However, the aforesaid application came to be dismissed as instructions on 02.12.2021. However, the opposite party No. 2 thereafter preferred another proceedings by way of a complaint under Sections 498-A, 323, 504, 506 IPC read with Section 3/4 of the Muslim Women Protection Act on 28.10.2022 containing the same allegations and on the basis of the statements under Sections 200 and 202 Cr.P.C. of Mohammad Moin and Mohammad Zulfiqar. The applicant came to be summoned in Complaint Case No. 31204 of 2023 on 27.03.2023 under Sections 498A, 323 IPC read with Section 3/4 of the D.P. Act, further read with Section 3/4 of the Muslim Women Protection Act. 5. Questioning the same, the applicant has been filed the present application. 6. Learned counsel for the applicant has submitted that the applicant has been falsely implicated in the said case, he has not committed any offence, the entire allegation so sought to be levelled are omnibus general in nature and they are not specific. Further submission is that once a complaint on behalf of the same basis had been lodged in the year 2008 and the matter stood referred to mediation and ultimately, the application under Section 482 Cr.P.C. came to be dismissed then there was no occasion to here summoned the applicant under the above noted Sections. He seeks to rely upon the judgment in Hon'ble Apex Court in Charan Singh @ Charanjit Singh v. The State of Uttarakhand; Criminal Appeal No. 447 of 2012, decided on 20.04.2023. Learned counsel for the applicant at this juncture submits that he confines his relief for preferring discharge application before the court below taking all legal and factual grounds and the court below shall decide the the same. 7. Learned AGA does not oppose the same. 8. Looking into the overall facts of the case, the application is disposed of directing the applicants to submit a discharge application by 25.07.2025 to take all legal and factual grounds which are advisable and permissible under law and on the said motion, the court below shall decide the discharge application with most expedition strictly in accordance with law. 9. Till the discharge application is decided, no coercive action is being taken against the applicant in pursuance of the summoning order dated 27.03.2025 passed by Judicial Magistrate, Firozabd entire proceeding of as well as the complaint Case No. 31204/2023 (Noor Jahan. Vs. Irfan Ali and others) under Section 498A, 323 I.P.C. 3/4 Dowry Prohibition Act and 3/4 Muslim women Protection Act, Police Station-Ramgarh District-Firozabad against the the applicant, pending in the Judicial Magistrate, Firozabad. Order Date :- 14.7.2025 A. Prajapati Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad