Neutral Citation No. - 2025:AHC:124331 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 15214 of 2025 Applicant :- Nitin Rajput And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abhay Mishra Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Abhay Mishra, learned counsel for the applicants Sri Pankaj Kumar Rai learned State Law Officer for the State and Sri Ashish Kumar Tiwari, learned counsel for the opposite party no.2. 2. This is an application filed under Section 528 of the B.N.S.S. for quashing the impugned summoning order dated 27.03.2019 as well as the entire proceedings of the Complaint Case No. 298 of 2019 (Reena Roohela Vs. Nitin Rajput & others) U/s 498A, 323 & 506 of I.P.C. and Section 3/4 of DP Act, P.S. Mahila Thana, District- Muzaffarnagar, presently pending before the Court of Learned Civil Judge (J.D.)/FTC-I/ACJM, Muzaffarnagar. 3. This Court on 9.5.2025 proceeded to pass following order:- "1. The contention of the learned counsel for the applicants is that a complaint is stood lodged by the opposite party no. 2 on 18.10.2018 against the applicants under Sections 498A, 323 & 506 of I.P.C. and Section 3/4 of DP Act in which the applicants have been summoned on 27.03.2019. Submission is that the applicant no.1 who happens to be the husband and opposite party no. 2, who is the wife had preferred proceedings under Section 13(1)(ia) & (ib) of the HMA before the Court at New Delhi in which which was registered as MHA No. 2164 of 2022, wherein on the basis of the free consent, the said proceedings came to be decided and in para 13 & 17, it was asserted that the party shall cooperate and get the legal proceedings given a logical conclusion. Submission is that out of the total amount settled to the tune of Rs. 6,75,000/-, applicants have deposited the two installments of an amount of Rs. 2,50,000/- and Rs. 2,00,000/- and the rest Rs. 2,25,000/- is to be paid out of which Rs. 2,50,000/- and Rs. 2,00,000/- has been paid. He submits that once the parties are separated then in the circumstances, the applicants have entitled to interim protection and the applicants as per the instructions from his client submits that the rest of the amount being the third installment to the tune of Rs. 2,25,000/- a draft will be prepared and paid on the next date so fixed by the Court and this Court may issue notice to the opposite party No. 2 and in the interregnum period granting interim protection be accorded to the applicants .2. Matter requires consideration. 3. Learned AGA has accepted notice on behalf of opposite party no. 1-State. 4. Issue notice to opposite party no. 2. 5. Both the opposite parties shall file their counter affidavit within six weeks. Rejoinder affidavit, if any, may be filed within two weeks thereafter. 6. List thereafter before appropriate bench. 7. Till the next date of listing, the further proceedings of the Complaint Case No. 298 of 2019 (Reena Roohela Vs. Nitin Rajput & others) U/s 498A, 323 & 506 of I.P.C. and Section 3/4 of DP Act, P.S. Mahila Thana, District- Muzaffarnagar, presently pending before the Court of Learned Civil Judge (J.D.)/FTC-I/ACJM, Muzaffarnagar insofar as it relates to the applicants shall remain stayed. 8. As stated by the applicants, he shall also produce a demand draft of the third installment to the tune of Rs. 2,25,000/- to be handed over to the opposite party No. 2." 4. Thereafter the correction application was also preferred which came to be allowed on 27.5.2025. 5. Learned counsel for the applicants submits that he is handed over a draft of Rs.2,25,000/- bearing no.074416 dated 29.5.2025 in favour of the opposite party no.2 for the payment of residue amount of Rs.2,25,000/-. 6. Learned counsel for the opposite party no.2 submits that now he has received the draft. He further submits that now nothing remains to be further adjudicated in the proceedings to quash. Learned State Law Officer has supported the submission. 7. Considering the submissions so made across the bar now since the entire payment stands deposited, thus nothing remains to be further proceeded. 8. Accordingly, the present application stands disposed of, the proceedings of Complaint Case No. 298 of 2019 (Reena Roohela Vs. Nitin Rajput & others) U/s 498A, 323 & 506 of I.P.C. and Section 3/4 of DP Act, P.S. Mahila Thana, District- Muzaffarnagar, presently pending before the Court of Learned Civil Judge (J.D.)/FTC-I/ACJM, Muzaffarnagar stands as well as summoning order dated 27.3.2029 be quashed as against the applicants. 9. A draft of Rs.2,25,000/-is being handed over by the applicants to the opposite party no.2. 10. Let necessary endorsement be made in the order sheet regarding the receiving and photocopy of the draft. Order Date :- 28.7.2025 piyush Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad