Neutral Citation No. - 2025:AHC:106746 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 14887 of 2025 Applicant :- Anil Kumar Aditya Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ghana Ram Niranjan Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Prabha Shankar Pandey (AoR No.A/P 0189/2012) holding brief of Sri Ghana Ram Niranjan, learned counsel for the applicant and Sri Bhuwal Vishwakarma, 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 27.02.2024 passed by the learned Additional Chief Judicial Magistrate, Court No.1, Jhansi and entire criminal proceedings of Complaint Case No.119 of 2022 (Smt. Anita Jatav vs. Anil Kumar and Others), under Sections-498A, 323, 504, 506 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station Prem Nagar, District- Jhansi, pending before the Court of learned Additional Chief Judicial Magistrate, Court No. 1, Jhansi. 3. Learned counsel for the applicant has submitted that a complaint stood lodged by O.P. No.2 on 05.01.2023 under Sections 498-A, 323, 406, 504, 506 IPC read with Section 3/4 of D.P. Act against the applicant and Aishwarya Aditya and Rishika Aditya being step sisters with an allegation that on 16.11.2019, the marriage of O.P. No.2 stood solemnized with the applicant herein. Further allegation is that applicant herein was previously married and he was blessed with children, however, demand of dowry was raised, and on 02.12.2022 when the O.P. No.2 was doing cooking in the kitchen, then the daughter of the applicant herein started hurling abuses and committed assault and when the said incident was narrated to the applicant by O.P. No.2, then the applicant herein started hurling abuses to O.P. No.2 and threw out the O.P. no.2 from her matrimonial house. On 18.12.2022, at 06:00 in the evening when the O.P. No.2 apprised the said fact to her parents, then they approached the house of the applicant and prayer was made to permit the O.P. No.2 to let her live in her matrimonial house, but the applicant herein did not agree to the same, however, he sought divorce and when the O.P. No.2 resisted then she was assaulted and thrown on the floor, a complaint was lodged on 23.12.2022 for lodging the FIR, but nothing happened so the proceedings under Section 156(3) CrPC was initiated. Post- recording of the statement under Section 200 of O.P. No.2, Hari Prasad under Section 202 CrPC followed by Pradeep Kumar under Section 202 CrPC, the applicant has been summoned on 27.02.2024 by the Court of Addl. Chief Judicial Magistrate, Court No.1, Jhansi under Sections 498-A, 323, 504, 506 IPC read with Section 3/4 of D.P. Act. 4. Questioning the summoning order, the applicant has filed the present application. 5. Learned counsel for the applicant has submitted that no marriage whatsoever was solemnized on 16.11.2019. Totally false and frivolous allegations have been leveled. There is no iota of evidence to suggest the same and further the applicant herein is already married and blessed with two daughters, however, the fact being that the applicant is possessing a government job and just in order to extort money and dictate terms, the entire allegations have been leveled. He submits that once no marriage whatsoever was solemnized, then there is no question of demand of dowry. 6. Learned A.G.A. on the other hand submits that whatever might be, there exists proceedings under Section 125 CrPC lodged by the O.P. No.2 against the applicant. He further submits that prima facie offences are made out from the complaint. 7. I have heard the submissions so made across the Bar and perused the records carefully. 8. At the instance of the applicant, in the present proceedings, challenge has been raised to the summoning order. There are various parameters, according to which the summoning order is to be tested. Apart from others, one of the same would be inevitably the allegations in the complaint and statements under Sections 200 and 202 CrPC. Prima facie, the court finds that there are no material contradictions in the statements under Sections 200 and 202 CrPC read with allegations in the complaint. Once pinpointed allegations have been leveled with regard to demand of dowry post-marriage and the same stands supported by the statement of the witnesses under Sections 200 and 202 CrPC, thus this Court does not find the present case to be a fit case for interference. Accordingly interference is declined. 9. In view of above, the application is rejected. Order Date :- 8.7.2025 N.S.Rathour (Vikas Budhwar, J) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad