Neutral Citation No. - 2025:AHC:123716 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 13530 of 2025 Applicant :- Manoj Singh Chauhan And 8 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anoop Pandey,Shivendra Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Kalp Dev Mishra (AOR No.A/K 0357/14) holding brief of Sri Anoop Pandey, learned counsel for the applicants and Sri Moti Lal , learned AGA for the State. 2. This application under Section 528 BNSS has been filed by the applicants to quash the entire proceeding of Complaint Case No. 12169 of 2024 dated 01.12.2021 as well as Summoning order dated 29.09.2022 passed by Learned Additional Civil Judge (Junior Division) Ghazipur Under Section 498-A, 323, 504, 506 I.P.C.& 3/4 D.P Act, Police Station Kasimabad District Ghazipur, Pending in the Court of Additional Civil Judge (Junior Division) Ghazipur. 3. Learned counsel for the applicant has submitted that a complaint was lodged on 1.12.2021 by the opposite party no.2, who happens to be the wife of the applicant no.1, against the father-in-law, mother-in-law and entire family with an allegation that the marriage of the applicant no.1 stood solemnized with the opposite party no.2 on 24.7.2016 and a baby was born from the wedlock, however, the applicants herein demanded dowry and administered beating and also hurled abuses and further the Stridhan and the valuables which the opposite party no.2 possessed was snatched of and she was thrown out from the matrimonial house and on 24.10.2021 at 5.00 in the evening the applicants herein barged the parents house of the opposite party no.2 and also hurled abuses and administered beating. Post recording of the statements under Section 200 Cr.P.C. of the complainant and 202 Cr.P.C. of Shivdarshan Chauhan, Fulwa Devi, the applicants came to be summoned on 29.9.2022 under Sections 498A, 323, 504, 506 IPC read with Section 3/4 of the D.P. Act. 4. Learned counsel for the applicants submits that only general and omnibus allegations have been levelled without there being any specific allegations and further there is no injury report available. He further submits that there is no specific instances mentioned on which date the offences are alleged to have been committed and the opposite party no.2 on her sweet will left the matrimonial house. The statements under Sections 200 and 202 Cr.P.C. are tailormade and the court below has summoned the applicants without there being any recording of prima facie satisfaction. He also submits that as per the instructions received from his client, the applicants shall be preferring discharge application 5. Learned AGA on the other hand submits that from the narration of allegations contained under Sections 200 and 202 Cr.P.C vis-a- vis the allegations in the complaint prima facie offences are made out. However, he submits that the applicants seek to prefer the discharge application, he does not oppose the same. 6. Looking into the overall facts of the case, the application is disposed of directing the applicants to submit a discharge application by 7.8.2025 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. 7. Till the discharge application is decided, no coercive action is being taken against the applicants in pursuance of the Complaint Case No. 12169 of 2024 dated 01.12.2021 as well as Summoning order dated 29.09.2022 passed by Learned Additional Civil Judge (Junior Division) Ghazipur Under Section 498-A, 323, 504, 506 I.P.C.& 3/4 D.P Act, Police Station Kasimabad District Ghazipur, pending in the Court of Additional Civil Judge (Junior Division) Ghazipur. 8. In the event of default of any of the conditions by the applicants as referred to above, the interim protection shall stand vacated without reference to the Bench. Order Date :- 28.7.2025 piyush Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad