Neutral Citation No. - 2025:AHC:108570 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 22828 of 2025 Applicant :- Kamran And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manish Kumar Singh,Viveka Nand Maurya Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Manish Kumar Singh, learned counsel for the applicant as well as Sri Sudhir Kumar Chandraul, learned AGA for the State. 2. This application u/s 528 of BNSS has been preferred to quash the summoning order dated 21.03.2025 passed by Additional Civil Judge (Sr. Div.), Hathras as well as entire proceeding of Complaint No. 501 of 2024 (Shahnaz Vs. Kamran and Others) under Sections-498A, 323, 504 of I.P.C & 3/4 D.P. Act, Police Station- Hathras Gate, District- Hathras. 3. Learned counsel for the applicant has submitted that the applicants are husband and mother-in-law of the opposite party no. 2 whose marriage stood solemnized with the applicant no. 1 on 12.08.2020. Learned counsel for the applicant further submits that a proceedings under Section 156(3) Cr.P.C. stood initiated on 01.04.2024 with an allegation that the opposite party no. 2-father had spent huge amount in marriage and had also incurred expenditure but the applicant herein was not satisfied with the offerings, they demanded additional dowry and even all sorts of atrocities were being sought to be inflicted. It is also alleged that the brother-in-law being the brother of the applicant no. 1 also extended indecent gestures. It is also alleged that when the demand of dowry was not being fulfilled then the applicant was beaten and thrown away and on their assurance, the opposite party no. 2 came back to her matrimonial house and on 20.03.2024, she was again treated very badly and left at a lonely place. Learned counsel for the applicant submits that on the basis of the tailor-made statements of the complainant under Section 200 followed by of Mohammad Siraj and Nafija under Section 202, the applicant had been summoned by the court below on 21.03.2025 under Sections 498A, 323, 504 IPC read with Section 3/4 of the D.P. Act. Learned counsel for the applicant submits that totally false and frivolous allegations have been levelled without any basis there is nothing on record to substantiate the date and time when the said demand of dowry was being made, less to say about infliction of injuries and there is no injury report available on record. Learned counsel for the applicant further submits that the applicant is a fabricator and the applicant seeks to prefer a discharge application before the court below and till the decision on the discharge application, no coercive action be taken. 4. Learned AGA, on the other hand, submits that whatever might be the offences are made out from the statement under Sections 200 and 202 vis-a-vis the complaints made and the complaint. 5. I have heard the submissions so made across the bar and perused the record carefully. 6. At the instance of the applicant, the applicant raised challenge to the summoning order, there are certain criteria which had adhered to in order to test whether the summoning order suffers from any legal infirmity or not. Amongst others one of the criteria inevitably would be the nature of the allegations vis-a-vis the statements under Sections 200 and 202 of the Cr.P.C., in case, there are no material contradictions then the case becomes triable. However, since the learned counsel for the applicant, at this stage, has submitted that the applicant shall be filing a discharge application taking all legal and factual grounds, thus, this Court is not going into the issue and disposing of the present application. 7. Accordingly, the application stands disposed of granting liberty to the applicant to prefer discharge application by 31.07.2025 and the court below shall decide the same with most expedition. 8. Till the discharge application is decided, no coercive action shall be taken against the applicant summoning order dated 21.03.2025 passed by Additional Civil Judge (Sr. Div.), Hathras as well as entire proceeding of Complaint No. 501 of 2024 (Shahnaz Vs. Kamran and Others) under Sections-498A, 323, 504 of I.P.C & 3/4 D.P. Act, Police Station- Hathras Gate, District- Hathras. 9. 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 :- 8.7.2025 Rajesh Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad