Neutral Citation No. - 2025:AHC:116551 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 10449 of 2025 Applicant :- Gaurav And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pankaj Sharma,Prashant Sharma Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Satish Kumar (AOR No.A/S 0214/2019) holding brief of Sri Prashant Sharma, learned counsel for the applicants and Sri Moti Lal learned AGA for the State. 2. This is an application filed under Section 528 of the B.N.S.S. for quashing the entire proceeding of Complaint / Criminal Case No. 17314 of 2023 (Smt. Jyoti Vs. Gaurav others), under Sections & 498A, 323, 504, 506 I.P.C. and 3/4 Dowry Prohibition Act Police Station Loni, District Ghaziabad, pending in the court of Additional Chief Judicial Magistrate, Court no.1, Ghaziabad as well as summoning order dated 4.2.2025 passed by court below in the said complaint case. 3. Learned counsel for the applicants has submitted that a complaint was lodged on 17.11.2023 by the opposite party no.2 against the applicants, who are husband, father-in-law, mother-in- law and Devar with an allegation that the marriage of the opposite party no.2 stood solemnized with the applicant no.1 on 26.2.2023 and though gifts and offerings were made to the tune of Rs.6-7 lakhs, however, demand was being raised for additional dowry of Rs.2 lakhs and two-wheeler Bullet Motorcycle, when the same was not satisfied then the opposite party no.2 was assaulted by the applicants and on 26.4.2023, she was thrown out from the matrimonial house pursuant whereto the matter travelled to the police station on a complaint lodged by the opposite party no.2 wherein settlement took place, however, the applicants have not been allowed to enter the matrimonial house, a complaint was made on 9.11.2023 to the Police Commissioner, Ghaziabad followed by the complaint purported to be proceedings under Section 156 (3) for the offences under Sections 498A, 323, 354, 504 506 IPC read with Section 3/4 of the D.P. Act, post lodging of the proceedings the case stood transformed into a complaint case and the statement of the opposite party no.2 under Section 200 of the Cr.P.C., one Abdul Sattar under Section 202 Cr.P.C. followed by of Krishna Pal under Section 202 Cr.P.C. were recorded and the applicants came to be summoned on 4.2.2025, under Sections 498A, 323, 504, 506 IPC. 4. 4. Learned counsel for the applicants has further submitted that the entire allegations so contained in the complaint are false, incorrect and have got no legs to stand for the simple reason that though it is being alleged that the applicants had assaulted the opposite party no.2 since the demand of dowry was not being fulfilled but there is no injury report. He has also submitted that no such dowry was demanded and further it is also contended that there is nothing on record to suggest that on 26.4.2023, the opposite party no.2 was thrown out from the matrimonial house. He has next submitted that omnibus general allegations have been levelled without there being any specific allegations. 5. Learned counsel for the applicants submits that the court below in a routine manner has summoned the applicants. However, he further submits that as per the instructions received from the client, the applicants shall be preferring a discharge application before the court below 6. Learned AGA on the other hand submits that whatever might be at the stage of summoning what would be the allegations contained in the complaint vis-a-vis the statements under Sections 200 and 202 of the Cr.P.C. according to him offences are made out as apparent therein, however, he submits that in case the applicants stood preferred discharge application then he has no objection to the same. 7. Having heard the submissions so made across the bar and after perusing the record, in the facts and circumstances of the case looking into nature of the allegations and the stands taken by the applicants which has not been objected by the learned AGA, this Court without entering into the matters of the merits and disposing of the present application. 8. Accordingly, the application stands disposed of granting liberty to the applicant to prefer discharge application by 31.07.2025 and the court below shall decide the same with most expedition. 9. Till the discharge application is decided, no coercive action shall be taken against the applicants in Complaint / Criminal Case No. 17314 of 2023 (Smt. Jyoti Vs. Gaurav others), under Sections & 498A, 323, 504, 506 I.P.C. and 3/4 Dowry Prohibition Act Police Station Loni, District Ghaziabad, pending in the court of Additional Chief Judicial Magistrate, Court no.1, Ghaziabad as well as summoning order dated 4.2.2025. 10. Protection so accorded today, shall only be available to the application in those contingencies wherein, applicants stick to the timeline and does not commit any default to the order passed by this Court. Order Date :- 18.7.2025 piyush Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad