Neutral Citation No. - 2025:AHC:63580 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 14038 of 2025 Applicant :- Dr. Faiz Farukhi @ Mohd. Faiz Farukhi And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjay Shukla Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Sanjay Kumar Shukla, learned counsel for the applicant as well as Sri J.P. Gupta, learned AGA for the State. 2. This application u/s 528 has been preferred for quashing the impugned summoning order dated 09.12.2019 and also quash the entire proceeding in Criminal Complaint No. 5627 of 2017 Tajain Alam Vs. Dr. Faiz Farukhi and others pending in the court of Chief Judicial Magistrate, Mau, Under Sections 498A, 323, 504, 506 I.P.C. & 3/4 D.P. Act registered at P.S Kotwali, District Mau as well as order dated 06.02.2025 passed by Additional District and Session Judge, Gorakhpur in criminal revision 15 of 2020 Dr. Faiz Farukhi Vs. State of U.P. and others u/s Sections 498A, 323, 504, 506 I.P.C. & 3/4 D.P. Act registered at P.S Kotwali, District Mau. 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, marriage of the applicant no. 1 stood solemnized with the opposite party no. 2 on 14.12.2016. He submits that omnibus allegations have been sought to be levelled in the complaint and further there is no specific allegation against the applicants and the applicants no. 2 and 3 is being father-in-law and mother-in-law are aged. 4. Learned AGA, on the other hand, submits that from the narration of the allegations contained in the complaint as well as the statement under Section 200 Cr.P.C. specific instance of commission of offence on 02.09.2017 and 03.09.2017 have been made wherein the applicants along with other co-accused have been made and role has also been assigned. 5. Having heard the submissions so made across the bar, the sole question which arises for determination is the extent of judicial intervention at this stage. Apparently, a perusal of the complaint read with the statement under Section 200 & 202 of the Cr.P.C. itself shows that specific pin-pointed allegations have been levelled against the applicants on 02.09.2017 and 03.09.2017. The summoning order has been based upon the statement made under Section 200 and 202 of the Cr.P.C. is in conformity and in consonance with the allegations contained in the complaint as per the complaint, allegations have been levelled that on 02.09.2017, the applicants herein who were pin-pointed and assigned roles while demanded dowry and committing offences under Section 498A along with the other sections. Similarly, also with relation to the incident dated 03.09.2017 wherein the applicants had inflicted injury upon the opposite party no. 2 and she had to run to the neighbours place and she was deprived of the jewellar and streedhan. At the stage of summoning, only the Magistrate on the basis of the depositions under Section 200 and 202 vis-a-vis the complaint is required to see whether the case is triable or not and prima facie offences are made out or not. The Court finds that the summoning order takes into account not only the statements of the witnesses under Section 200 and 202 but also prima facie holds that the issue is triable as the offences cannot be ruled out. Moreover, Hon'ble Apex Court in the case of Aluri Venkata Ramana Vs. Aluri Thirupathi Rao & Ors.: SLP(Crl.) No. 9243 of 2024 has also interpreted the provisions of Section 498A IPC wherein criminality was in relation to offences under Section 498A. 6.Accordingly, the application stands dismissed. Order Date :- 24.4.2025 Rajesh Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad