Neutral Citation No. - 2025:AHC:106400 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 21894 of 2025 Applicant :- Pawan Tripathi And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Satya Prakash Singh Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri S.P. Singh, learned counsel for the applicant as well as Sri Kripa Shankar, learned AGA for the State. 2. This application u/s 528 of BNSS has been preferred to quash the entire criminal proceedings as well as summoning order dated 30.04.2024 passed by Judicial Magistrate, Sant Kabir Nagar in complaint case No. 2573 of 2022 (Pratibha Tripathi Versus Vineet Tripathi and others) under Section 498-A, 323, 504 of I.P.C. and section 3/4 of Dowry Prohibition Act, Police Station- Khaleelabad, District- Sant Kabir Nagar, pending in the Court of Civil Judge (J.D.)/FTC-II, Sant Kabir Nagar. 3. Learned counsel for the applicant has submitted that the applicants are father-in-law and mother-in-law, marriage of the son of the applicants stood solemnized with the opposite party no. 2 on 07.03.2019 and Gauna was done on 09.03.2019. Learned counsel for the applicants submits that totally omnibus and general allegations have been levelled without any reference to investigate about the demand of the dowry and further the complaint happens to be preferred after a period of four years post marriage regarding demand of dowry. Submission is that no such dowry was demanded except a bald averment in the complaint with respect to the date 23.08.2021 when demand was being raised and for non- satisfaction of the demand beating and assault was made by the applicants upon the opposite party no. 2. Learned counsel for the applicants submits that the statements under Section 200 and 202 cannot be relied upon as the entire story so sought to be cooked up is unbelievable and no person of a prudent mind can even endorse the same. Further submission is that the summoning order has been passed in a routine manner without there being any satisfaction with regard to attraction of the penal provisions. Learned counsel for the applicants further submits that that the applicants be accorded protection that the applicants be granted liberty to prefer discharge application and till discharge is decided, no coercive action shall be taken against the applicant. 4. Learned AGA, on the other hand, submits that at the stage of summoning what is required is the allegations in the complaint vis- a-vis the statements under Section 200 and 202. He submits that offences are made out. 5. The learned counsel for the applicant has also relied upon the judgment in the case of Geeta Mehrotra Vs. State of U.P. and others reported in 2012 (10) ADJ 464. 6. I have heard the submission so made across the bar and perused the record. 7. Apparently, the applicants herein are father-in-law and mother- in-law and the marriage of the applicant no. 2 was solemnized with the son of the applicants on 07.03.2019. Since the learned counsel for the applicants has prayed that the applicants be granted protection and since the counsel for the applicants seeks to prefer a discharge application, thus, this Court in the interest of justice looking into the overall fact situation and the nature of the allegations contained therein disposal of the application directing the applicants to submit discharge application by 31.07.2025 and on the said motion the court below shall decide the discharge application strictly in accordance with law bearing in mind the fact situation as well as law of the land. 8. Till the disposal of the discharge application, no coercive action shall be taken against the applicants in complaint case No. 2573 of 2022 (Pratibha Tripathi Versus Vineet Tripathi and others) under Section 498-A, 323, 504 of I.P.C. and section 3/4 of Dowry Prohibition Act, Police Station- Khaleelabad, District- Sant Kabir Nagar, pending in the Court of Civil Judge (J.D.)/FTC-II, Sant Kabir Nagar. 9. The protection accorded to the applicant is only available subject to compliance of the 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 :- 7.7.2025 Rajesh Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad