Neutral Citation No. - 2025:AHC:72979 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 15485 of 2025 Applicant :- Anwar Ali And 7 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rudra Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Rudra Pratap Singh, learned counsel for the applicants as well as learned AGA for the State. 2. This application u/s 528 of BNSS has been preferred for quashing the summoning order dated 29.10.2024 as well as entire criminal proceeding of Complaint Case No. 6113 of 2024 (Sakina Khatun @ Sakina Bano versus Anwar Ali and others) pending in the court of Additional Civil Judge Senior Division/Additional Chief Judicial Magistrate, Sonbhadra under section 498A IPC and 3/4 D.P. Act Police Station Karma District Sonbhadra. 3. Learned counsel for the applicants has submitted that the applicant no. 1 is the husband, applicant no. 2 is father-in-law, applicant no. 3 is mother-in-law, applicants no. 4, 5, 6 are Devar and applicants no. 7, and 8 are Married Nanad. Learned counsel for the applicants has submitted that the opposite party no. 2 has lodged a complaint on 19.06.2024 against the applicants under Section 406, 498A, 323, 504, 506 IPC read with Section 3/4 of the DP Act. Post recording of statements under Section 200 and 202, the applicants have been summoned under Section 498A IPC read with Section 3/4 of the DP Act. 4. Learned counsel for the applicants has submitted that omnibus allegations have only been sought to be levelled without there being any specific instances, the applicants are innocent and merely because they are the family members, they have been falsely roped in. It is also contended that the applicants are living separately. 5. Learned AGA, on the other, hand, submits that the order summoning the applicants is perfectly valid, no fault whatsoever can be attributed as the same has been passed after considering the the allegations and the statements under Section 200 and 202 of the Cr.P.C. Learned counsel for the applicants further submits that there is no evidence against the applicants so as to rope in the criminality. 6. I have heard the submissions so made by the learned counsel for the parties and perused the record carefully. 7. Apparently, a complaint was lodged by the opposite party no. 2 against the applicants regarding demand of dowry with an allegation that though the marriage was solemnized on 05.03.2022 with Anwar Ali and gifts were offered as per the status of the father of the opposite party no. 2 but additional demand of dowry was made in an occasion which was held post marriage on 08.03.2022 of various items, threats were also administered and the allegation is to the extent that the applicants along with other co-accused, husband had administered beating upon the opposite party no. 2. The statement under Section 200 of the complainant was recorded wherein allegation has been levelled that the applicants used to demand dowry to the tune of Rs. 2,00,000/- and a maruti car and they used to beat and hurl abuses. 8. In the opinion of the Court, it would not be appropriate to quash the summoning order at this stage, however, liberty is accorded to the applicants to move a discharge application under the relevant statute before the court below and, in case, discharge application is preferred then this Court has no reasons to disbelieve that the same shall be decided with most expedition. 9. Accordingly, the application stands disposed of granting liberty to the applicants to prefer discharge application by 26.05.2025 and the court below shall decide the same within a period of two months. 10. Till the discharge application is decided, no coercive action shall be taken against the applicants Complaint Case No. 6113 of 2024 (Sakina Khatun @ Sakina Bano versus Anwar Ali and others) pending in the court of Additional Civil Judge Senior Division/Additional Chief Judicial Magistrate, Sonbhadra under section 498A IPC and 3/4 D.P. Act Police Station Karma District Sonbhadra. 11. Interim protection so accorded today, shall only be available to the application in those contingencies wherein, applicants stick to the timeline and does not commit any default to the order passed by this Court. Order Date :- 5.5.2025 Rajesh Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad