Neutral Citation No. - 2025:AHC:127794 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 21220 of 2025 Applicant :- Jakir Shah Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abhijeet Kumar Pandey,Anand Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Shri Abhijeet Kumar Pandey, counsel for the applicant and Shri S.K. Singh, learned AGA for the State. 2. This application under Section 528 BNSS has been filed by the applicant to quash the entire proceeding of summoning order dated 01.11.2023 passed by Civil Judge Junior Division/Judicial Magistrate Court No.1 Mohamadabad Ghazipur, in Criminal Case No. 871 of 2023 under sections 498-A, 323, 504, 506 IPC and 3/4 D.P. Act, District Ghazipur. 3. Learned counsel for the applicant has submitted that the applicant happens to be the husband of the opposite party no.2 marriage whereof was solemnized on 21.9.2016, however, due to matrimonial discord which was at the end of the opposite party no.2, the opposite party no.2 left the matrimonial house which constrained the applicant to prefer a Matrimonial Case No.No.383 of 2020 which came to be ex parte allowed on 22.8.2022 directing the opposite party no.2 to come and with the applicant herein. Since the opposite party no.2 was not coming and not maintaining in relationship so the applicant claims to have preferred three notices for divorce under the Muslim Women (Protection of Rights on Marriage) Act, 2019, however, according to the learned counsel for the applicant a complaint came to be filed on 19.8.2023 proceedings under Section 156(3) of the Cr.P.C. for the offences under Sections 498-A, 323, 504, 506 IPC and 3/4 D.P. Act, pursuant whereto the applicant has been summoned on 1.11.2023, under Sections 498-A, 323, 504, 506 IPC and 3/4 D.P. Act,. He further submits that in addition to the same in order to dictate terms and to exert pressure proceedings under Sections 12, 18, 19, 20, 21, 22 & 23 of the D.V.Act also stood initiated. 4. Submission of the learned counsel for the applicant is that only general and omnibus allegations have been levelled, there has been no demand of dowry and further it is quiet improbable and inconceivable that the demand of the dowry would be made even after a period of seven years particularly when the marriage stood solemnized on 21.9.2016. He also submits that there are no specific instances of commission of the offences. 5. Learned counsel for the applicant as per the instructions received from his client submits that at this juncture submits that he confines his relief for preferring discharge application before the court below taking all legal and factual grounds and the court below shall decide the the same. 6. Learned AGA on the other hand submits that from the narration of the allegations contained in the complaint vis-a-vis the statements under Sections 200 and 202 Cr.P.C. prima facie offences are made out however, according to him in case the applicant as per his own sweet will seeks to prefer discharge application then he has no objection. 7. Looking into the overall facts of the case, the application is disposed of directing the applicant to submit a discharge application by 21.8.2024 to take all legal and factual grounds which are advisable and permissible under law and on the said motion, the court below shall decide the discharge application with most expedition strictly in accordance with law. 9. Till the discharge application is decided, no coercive action is being taken against the applicant in pursuance of the entire proceeding of summoning order dated 01.11.2023 passed by Civil Judge Junior Division/Judicial Magistrate Court No.1 Mohamadabad Ghazipur, in Criminal Case No. 871 of 2023 under sections 498-A, 323, 504, 506 IPC and 3/4 D.P. Act, District Ghazipur. 10. In the event of default of any of the conditions by the applicant as referred to above, the interim protection shall stand vacated without reference to the Bench. Order Date :- 31.7.2025 piyush Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad