Neutral Citation No. - 2025:AHC:66376 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 13395 of 2025 Applicant :- Sarvesh And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ravindra Kumar Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Ravindra Kumar, learned counsel for the applicants as well as learned AGA for the State. 2. This application u/s 528 of BNSS has been filed for quashing the impugned summoning order dated 02.09.2020 issued by Judicial Magistrate, Hathras and entire criminal proceedings in Complaint Case No. 1803/2018 (Rakhi Vs. Sarvesh and others) in under sections 323, 498A, 504, 506 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station: Kotwali Mursan, District- Hathras pending before the court of Additional Chief Judicial Magistrate, Hathras 3. Learned counsel for the applicants has submitted that the applicant no. 1 is the husband, applicant no. 2 is the father-in-law, applicant no. 3 is the mother-in-law of the opposite party no. 2 and the marriage of the opposite party no. 2 stood solemnized with the applicant no. 1 on 30.12.2012. Learned counsel for the applicants submits that a complaint stood lodged on 28.08.2018 by the opposite party no. 2 against the applicants and the other family members under Section 156(3) with an allegation that though at the time of the marriage on 30.12.2012, gifts worth Rs. 7,00,000/- were sought to be offered, the applicants and the opposite party no. 2 was blessed with a daughter. Allegation is that despite request for medical treatment, the treatment was done, pursuant whereto the daughter died and the applicants herein along with the other co- accused started maltreating the opposite party no. 2 and also administered beating on 20.05.2018, she was thrown out in the outskirts of the village. Learned counsel for the applicants submits that only omnibus allegations have been sought to be levelled without there being any specific or general allegations, he submits that the applicants have falsely implicated just in order to harass them. Submission is also that the trial court summoned the applicants in a mechanical manner without due application of mind. 4. Learned AGA has opposed the application. 5. I have heard the learned counsel for the parties and perused the record carefully. 6. Apparently, a complaint stood lodged by the opposite party no. 2 against the applicants with relation to demand of dowry and administration of beating on 20.05.2018 and throwing her in the outskirts of the village and also taking away the valuables. A perusal of the complaint reveals that specific pin pointed allegations have been levelled against the applicants and other members citing the date and the place of incident also. Moreover, the statement under Section 200 & 202 of the Cr.P.C. is in conformity and in consonance with the allegations made in the complaint. The court below while summoning the applicants had found prima facie material that case is triable and that is why the applicants were summoned. The summoning order has been passed with due application of mind while considering the relevant aspects. Moreover, Hon'ble Apex Court in the case of Aluri Venkata Ramana Vs. Aluri Thirupathi Rao & Ors.: SLP(Crl.) No. 9243 of 2024 had the occasion to interpret the provisions of Section 498A. 7. Since the case of the applicants do not fall under any exception,thus, no case is made out for interference, the application is rejected. Order Date :- 29.4.2025 Rajesh Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad