Neutral Citation No. - 2025:AHC:118084 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 25531 of 2025 Applicant :- Mohammad Jaish and 5 others Opposite Party :- State of U.P. and another Counsel for Applicant :- Ashok Kumar Srivastava, Sabana Azami Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Ashok Kumar Srivastava, learned counsel for the applicant as well as Sri Pankaj Kumar Rai, learned State Law Officer for the State. 2. This application u/s 528 of BNSS has been preferred to quash the summoning order dated 23.08.2022 passed by Learned Judicial Magistrate, F.T.C. (Woman), Azamgarh as well as entire criminal proceedings in Complaint Case No. 213/2021 (Robina Bano Vs. Mohd. Jaish & others), under Section 323, 504, 506, 498A I.P.C. & 3/4 Dowry Prohibition Act, Police Station Gambhirpur, District Azamgarh, pending in the Court of learned Judicial Magistrate, F.T.C. (Woman), Azamgarh. 3. Learned counsel for the applicant has submitted that on 13.09.2021, a complaint was lodged with the allegation that the opposite party no. 2 whose marriage stood solemnized with the son of the applicant no. 1 on 06.09.2015 and he expired when he was in gulf on 15.11.2020, allegations have been levelled under Sections 323, 504, 506 498 IPC. Learned counsel for the applicant submits that summoning order came to be passed on 23.08.2022, however, the proceedings are underway and on 18.07.2025 is a date fixed for the proceedings under Section 244 of the Cr.P.C. Learned counsel for the applicant while inviting attention towards paragraph 20 contended that opposite party no. 2 is now re-married with somebody else and she is not participating. 4 Learned AGA, on the other hand, submits that once the proceedings are going and the applicants have put in appearance and the proceedings are underway under Section 244 Cr.P.C. then it is for the applicants to contest the said proceedings. 5. I have heard the submissions so made across the bar and perused the record carefully. 6. Post summoning the applicant on 22.08.2022 once the applicant has joined the proceedings and have put in appearance and contesting the matter and the proceedings are underway under Section 244 Cr.P.C, no case is made out for interference. 7. Accordingly, the applicant stands disposed of leaving it open for the applicants to contest the proceedings taking all legal and factual grounds. Order Date :- 21.7.2025 Rajesh Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad