Neutral Citation No. - 2025:AHC:114817 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 23980 of 2025 Applicant :- Mohd. Nasir And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pavan Kumar Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Pavan Kumar, learned counsel for the applicants and Sri Kripa Shankar, learned A.G.A. for the State. 2. This application under Section 528 BNSS has been filed by the applicants to quash the proceeding of proceeding of Criminal Complaint Case No. 1396 of 2022 (Heena Vs. Mohd. Nasir and others) under Sections 498-A, 323, 504 and 506 IPC and Section 3/4 of D.P. Act Police Station Najibabad, District Bijnor pending before the court of Judicial Magistrate, Najibabad, District Bijnor, as well as impugned summoning order dated 08.09.2023 passed by the court of Civil Judge, Junior Division / Judicial Magistrate, Najibabad, District Bijnor. 3. Learned counsel for the applicants has submitted that on 22.03.2022, a complaint stood lodged by the opposite party no. 2 against the applicant who happened to be the husband, Jeth, Devar and mother-in-law under Sections 377, 354B, 498-A, 323, 504 and 506 IPC and Section 3/4 of D.P. Act with an allegation that the marriage of the opposite party no. 2 stood solemnized with the applicant no. 1 on 15.12.2015. Allegation is that the opposite party no. 2 just in order to extract money while demanding dowry are maltreating the opposite party no. 2 and constant pressure is being mounted to satisfy the needs which are in the shape of dowry. As per the complaint on 12.03.2022 at 11 in the morning when the opposite party no. 2 was in his father place then the applicant herein barged into the house and thereafter assaulted and maltreated the opposite party no. 2. It is also alleged that the applicant no. 3 who happens to be the devar had given a blow to the opposite party no. 2, pursuant whereto opposite party no. 2 fell down on the floor and applicant no. 5 who happens to be the Nandoi has put his legs upon the chest of the opposite party no. 2 and apparel which the opposite party no. 2 was bearing got torn and she was assaulted and in order to save with the modesty, she ran away screaming and at that point of time, the applicant herein threatened that in case, the demand of Rs. 5 lakhs which was made as dowry is not satisfied then the opposite party no. 2 have to face dire consequences. Post recording of the statements under Section 200 Cr.P.C. of the complainant and under Section 202 of Rizwan son of Ayub and under Section 202 of Sahista Parveen, the applicant came to be summoned on 08.09.2023 under Sections 498-A, 323, 504 and 506 IPC and Section 3/4 of D.P. Act stood lodged by the opposite party no. 2 against the applicants being FIR No. 0026 relatable to the commission of the offence on 16.06.2021 wherein with the aid of the fists and legs, the applicants herein injured the opposite party no. 2 and further offences were committed on 10.01.2021. Learned counsel for the applicants submits that there is no recital contained in the complaint regarding lodging of the first information report in which post submission of charge-sheet, the applicants have obtained bail. Learned counsel for the applicants submits that even otherwise there are no independent witnesses to have testified the commission of the offence. He submits that the entire allegations are nothing but an attempt on the part of the opposite party no. 2 faction just in order to exert pressure and to dictate terms. It is further contended that the court below without recording any prima facie satisfaction regarding the attraction of the penal provisions has summoned the applicants. Learned counsel for the applicants submits that the applicants shall be filing a discharge application and till the discharge application is being decided, no coercive action be taken. 8. Learned AGA on the other hand submits that from the perusal of the complaint vis-a-vis the statements under Section 200 and 202 Cr.P.C., prime facie the case is triable as there are no material contradictions in the statements. He further submitted that the applicants may file discharge application. 9. Looking into the overall facts of the case, the application is disposed of directing the applicants to submit a discharge application by 31.07.2025 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. 10. Till the discharge application is decided, no coercive action is being taken against the applicants in pursuance of the Criminal Complaint Case No. 1396 of 2022 (Heena Vs. Mohd. Nasir and others) under Sections 498-A, 323, 504 and 506 IPC and Section 3/4 of D.P. Act Police Station Najibabad, District Bijnor pending before the court of Judicial Magistrate, Najibabad, District Bijnor, as well as impugned summoning order dated 08.09.2023 passed by the court of Civil Judge, Junior Division / Judicial Magistrate, Najibabad, District Bijnor. 11. The protection accorded to the applicants 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 :- 16.7.2025 A. Prajapati Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad