Neutral Citation No. - 2025:AHC:136516 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 14275 of 2025 Applicant :- Charan Singh and 4 others Opposite Party :- State of U.P. and another Counsel for Applicant :- Sachin Kumar Sharma Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Supplementary affidavit filed today is taken on record. 2. Heard Sri S.K. Sharma, learned counsel for the applicant as well as Sri Pankaj Kumar Rai, learned State Law Officer for the State. 3. This application u/s 528 of BNSS has been preferred to quash the impugned order dated 25.10.2024 passed by Judicial Magistrate, Bisauli, District:-Budaun as well as quash the entire proceeding of Complaint Case No. 382 of 2006 (Smt. Guddo Devi Versus Charan Singh & Others), under Sections 498A, 494, 109 IPC & Section 3/4 of Dowry Prohibition Act, Police Station:- Bisauli, District:-Budaun pending in the Court of Judicial Magistrate, Bisauli, District- Budaun. 4. Learned counsel for the applicants has submitted that the applicants herein are husband, mother-in-law, brother-in-law and sister-in-law of the opposite party no. 2 and as per the complaint, the marriage of the opposite party no. 2 stood solemnized with the applicant no. 1. Learned counsel for the applicants submits that before the present proceedings sought to be initiated against the applicants in the year 2006, proceedings were also lodged by the opposite party no. 2 against the applicants which resulted in acquittal under Section 498A in Complaint Case No. 499 of 1999 on 13.05.2022. However, impugned proceedings have been lodged just to falsely implicate the applicant that too under Sections 498A, 494, 109 IPC read with Section 3/4 of the D.P. Act. Learned counsel for the applicants submits that though the complaint is of the year 2006, post recording of the statement under Sections 200 and 202 and a discharge application came to be preferred on 13.10.2022 which came to be rejected on 25.10.2024 but there is nothing on record worth showing that the applicant has re-married with one Meena as there is neither any date, time or venue so mentioned therein and also the fact that there happens to be nothing on record to show the procedure adopted as per Hindu rituals in that regard. Learned counsel for the applicants submits that the consideration which weighed the court while rejecting the complaint is not sustainable in the eyes of law. 5. Learned State Law Officer, on the other hand, submits that the complaint had been lodged in the year 2006 and the discharge application came to be preferred in the year 2022 and further the applicants has also not obtained bail and the proceedings are underway for more than 17 years, thus, the Court may not come to the rescue of the applicants. 6. I have heard the submission so made across the bar and perused the record. 7. Apparently, the proceedings stood lodged against the applicant in the year 2006. Post recording of statement under Sections 200 and 202, the applicants came to be summoned and thereafter a discharge application came to be preferred on 13.10.2022 which has been rejected. As a matter of fact, this Court, at this stage, is not required to delve into the factual issues as, prima facie, there appears to be attraction of the penal sections in that regard. Moreover, since the proceedings are of the year 2006, thus, it is for the applicants to contest the trial and to take all legal and factual submissions which are advisable and permissible under law and the Court has no reasons to disbelieve that the court below shall decide the same in accordance with law. 8. At this stage, learned counsel for the applicants seeks direction to prefer bail application in light of light of judgment Satender Kumar Antil Vs. Central Bureau of Investigation and another; decided on 07.10.2021 in S.L.P. No.5191 of 2021. 9. In the opinion of the Court, once a bail application is preferred then the same shall be considered with most expeditions strictly as per the law of the land without any delay. Order Date :- 12.8.2025 Rajesh Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad