Neutral Citation No. - 2025:AHC:137340 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 9784 of 2025 Applicant :- Kanhaiya And 6 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ziya Uddin Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Ziya Uddin, learned counsel for the applicants and Sri S.P. Singh, learned A.G.A. for the State. 2. This is an application under Section 528 of BNSS preferred by the applicant for quashing the summoning order dated 05.03.2024 passed by Additional passed Civil Judge (J.D.) Judicial Magistrate, Garhmukteshwar, Hapur in Complaint Case No. 756 of 2022 (Smt. Simpal Vs. Kanhaiya and others), under section 498-A 323, 504, I.P.C. and Section 3/4 of D.P. Act, Police D.P. Station- Bahadurgarh, District-Hapur. 3. Learned counsel for the applicant has submitted that on 26.06.2023, a complaint stood lodged by O.P. No.2 against the applicants, who are father-in-law, mother-in-law, jeth, devar and jethani. Marriage of the O.P. No.2 stood solemnized with the son of applicant nos. 1 and 2 on 30.06.2021. Allegation is to the effect that in the marriage, gifts worth lacs of rupees were offered and huge expenditure was incurred, but the applicants herein were not happy with the said gifts and they demanded additional dowry of Rs.5,00,000/- and further they had assaulted the O.P. No.2 and her husband and they were thrown out from their house in January 2022 with a condition that they would be allowed access to the house provided they fulfil the demand of dowry. Further in the month of February 2022, the applicants came to the house of the parents of O.P. No.2 and demanded dowry and also directed that the son Bahadur Singh who happens to be the husband of the O.P. No.2 to accompany them to their house and when he resisted and showed his reluctance, then the applicants pounced upon him. Thus proceedings under Section 156(3) of CrPC for the offences under Sections 406, 498-A, 504, 506 IPC read with 3/4 of Dowry Prohibition Act came to be lodged on 26.06.2023. Post recording of the statements under Section 200 CrPC of the complainant, 202 CrPC of Bhagan Singh and Bahar Singh, the applicants herein came to be summoned by the court below under Sections 498-A, 323, 504 IPC read with Section 3/4 of Dowry Prohibition Act on 05.03.2024. Learned counsel for the applicant has submitted that the summoning order cannot be sustained for a simple reason that only general and omnibus allegations have been leveled without there being any date, time or venue being disclosed for demand of dowry. He submits that though the allegation is regarding assault but there is no injury report available on record. Further it is improbable and inconceivable that the applicants would go to the house of parents of O.P. No.2 and thereafter assault and ask for dowry. Submission is that only on the basis of general and omnibus allegations, the applicants have been summoned. The statements under Sections 200 and 202 of CrPC are tailormade just to suit the case of the prosecution and merely on asking the applicants have been summoned without there being any prima facie satisfaction of the attraction of the penal sections. Learned counsel for the applicants as per instructions seeks to file the discharge application and till the same is decided no coercive action be taken. 4. Learned A.G.A. on the other hand submits that bare look of allegations vis-à-vis the statements under Sections 200 and 202 CrPC depict criminality and the role of the applicants has been specified. There are no material contradictions or the variations so as to thoroughly over rule the possibility of commission of the offences. He submits that he has no objection in case, the applicants prefer a discharge application. 5. Looking into the over all facts situation, including the stand taken by the respective parties, nature of allegations without going into the merits of the matter, the application is disposed of directing the applicants to file the proceedings by way of discharge application by 29.08.2025 and this Court has no reason to disbelieve that the court below shall decide the same with most expedition. 6. Till the discharge application is decided, no coercive action shall be taken against the applicants with respect to summoning order dated 05.03.2024 passed by Additional passed Civil Judge (J.D.) Judicial Magistrate, Garhmukteshwar, Hapur in Complaint Case No. 756 of 2022 (Smt. Simpal Vs. Kanhaiya and others), under section 498-A 323, 504, I.P.C. and Section 3/4 of D.P. Act, Police D.P. Station- Bahadurgarh, District-Hapur. 7. The protection accorded to the applicants is only available subject to compliance of terms and conditions and timeline as provided herein and in case of default, the order shall stand vacated without reference to the Bench. Order Date :- 12.8.2025 N.S.Rathour (Vikas Budhwar, J) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad