Neutral Citation No. - 2025:AHC:93257 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 19857 of 2025 Applicant :- Akib And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashutosh Pandey,Shobh Nath Pandey Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Shobh Nath Pandey, learned counsel for the applicants and Sri Indrajeet Singh Yadav, learned A.G.A. for the State. 2. This is an application under Section 528 of BNSS preferred by the applicant for quashing the entire criminal proceeding in Complaint Case No.33072 of 2020 (Ruksar Vs. Akib and others), under Sections 498-A, 323, 504 I.P.C. and 3/4 D.P. Act, Police Station- Mahila Thana, District-Muzaffar Nagar, pending in the court of Civil Judge (J.D.) FTC, Court No.1, Muzaffar Nagar and also quash the order dated 27.09.2024 by which the applicants were summoned for trial. 3. Learned counsel for the applicants submits that the applicant no.1 is husband and applicant no.2 is father-in-law of O.P. no.2. Marriage of applicant no.1 stood solemnized with the O.P. No.2 on 29.08.2020 and proceedings under Section 156(3) of CrPC stood initiated by O.P. No.2, wherein the allegation is that the applicants are demanding dowry and not only this, the O.P. No.2 was assaulted and she was thrown out from the matrimonial house on 01.08.2023 and on 12.08.2023, when she was staying in her maternal house, then the applicants herein came there and also committed offences. Learned counsel for the applicants submits that there are material contradictions in the statements under Section 200 and 202 of CrPC, vis-a-vis, the allegations in the complaint. However, the learned counsel for the applicants submits that the applicants confine their relief for moving a discharge application before the court below. 4. Learned A.G.A. has no objection to the same. 5. Considering the submissions so made across the Bar, the application stands disposed of directing the applicants to prefer a discharge application before the court below by 20.06.2025 and the court below shall decide the same with most expedition. 6. Till the disposal of the discharge application, no coercive action shall be taken against the applicants with respect to the Complaint Case No.33072 of 2020 (Ruksar Vs. Akib and others), under Sections 498-A, 323, 504 I.P.C. and 3/4 D.P. Act, Police Station- Mahila Thana, District-Muzaffar Nagar, pending in the court of Civil Judge (J.D.) FTC, Court No.1, Muzaffar Nagar and summoning order dated 27.09.2024. 7. The protection accorded to the applicants is only available subject to compliance of terms and conditions and timeline as provided herein and in case of default, the order shall stand vacated without reference to the Bench. Order Date :- 30.5.2025 N.S.Rathour (Vikas Budhwar, J) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad