Neutral Citation No. - 2025:AHC:103326 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 22976 of 2025 Applicant :- Pawan And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anil Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Shri Anil Kumar Pandey, learned counsel for the applicants and learned AGA for the State. 2. This application under Section 528 BNSS has been filed by the applicant to quash the complaint dated 09.05.2024 (Annexure - 1), summoning order dated 25.11.2024 (Annexure - 2) and all subsequent proceedings in pursuance thereof in complaint case No. 7989 of 2024 (Smt. Pinki vs. Pawan and others) Police Station Sikandra, District Agra, pending in the court of learned Additional Chief Judicial Magistrate, Court No. 1, Agra. 3. Learned counsel for the applicants has submitted that a complaint was lodged by the opposite party No. 2, wife on 09.05.2024 against the applicants who are husband, mother-in-law, Jeth and father-in-law with an allegation that the marriage of the opposite party No. 2 was solemnized with the applicant No. 1 on 20.02.2022. Allegation is that gifts and offerings were made as per the status. However, the opposite parties had demanded additional dowry and when the said desire was not accomplished, all sorts of atrocities and maltreatment was made. In the complaint, it is also alleged that demand of Rs. 5 lakhs, one motorcycle was raised and on 05.01.2023, the applicants assaulted the opposite party no. 2, pursuant whereto the opposite party No. 2 sustained injuries. So much so, on 23.04.2023 at 4.00 in the evening, the applicants herein joined together and with the aid of fist and leg assaulted the opposite party No. 2 and threatened her that in case, the dowry demand is not made, the opposite party No. 2 would be facing dire consequences and on the said date, the opposite party No. 2 was thrown out from the matrimonial house and she had come to her own matrimonial house. Post recording of the statements under Section 200 Cr.P.C. of the opposite party No. 2, complainant, under Section 202 Cr.P.C. of the witnesses- Guddi and Munni Devi, the court below on 25.11.2024 proceeded to summon the applicants under Section 498-A, 323, 504 I.P.C. 4. Questioning the said order, the applicant has been filed the present application. 5. Learned counsel for the applicants has submitted that the entire allegation so sought to be levelled is totally false and frivolous and incorrect and the same have been intentionally made just in order to roping in the applicants. Submission is that the applicants had no point of time demanded dowry and allegations, if any, are omnibus, general and not specific. Contention is that the court below is a matter of routine has summoned the applicants without looking into the crucial fact that there happens to be a non-triable issue. 6. Learned AGA on the other hand submits that the statements made under Section 200 and 202 Cr.P.C. are inconformity with the complaint and the issue is triable. 7. I have heard learned counsel for the parties and gone through the records carefully. 8. At the instance of the applicants, this court is confronted with the challenge raised to a summoning order whereby the applicants have been summoned under the above noted sections. There are certain broad criterias, according to which, it is to be adjudged whether the summoning suffers from any illegality or infirmity or not. Amongst others, one of the criteria would inevitably be the allegations in the complaint vis-a-vis the statements under Section 200 and 202 Cr.P.C. In case, there are material contradictions or variations then the case becomes triable. 9. Applying the said principles in the present facts of the case, the Court finds that in the complaint as well as the statements under Section 200 and 202 Cr.P.C., pinpointed allegations have been levelled against the applicants while showing their relationship for demand dowry and cruelty, administered beating on 05.01.2023 and on 23.04.2023 and throwing out the opposite party No. 2 from her matrimonial house. The said statements fully corroborate the allegations contained in the complaint. Once the position being so, the case becomes triable in nature. Furthermore, this Court is not required at this juncture at the stage of summoning to adjudge the merits of the allegations as there are subject matter of trial. 10. Looking into the case from the four corners of law as well as the nature of the allegations, no case is made out for interference. Accordingly, the application is rejected. Order Date :- 3.7.2025 A. Prajapati Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad