Neutral Citation No. - 2025:AHC:117896 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 25357 of 2025 Applicant :- Harendra Kumar And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shashi Prakash Giri Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Shashi Prakash Giri, learned counsel for the applicants and Sri Moti Lal learned AGA for the State. 2. This is an application filed under Section 528 of the B.N.S.S. for quashing the summoning order dated 28.02.2025 passed by the Court of learned Civil Judge (Senior Division)/Additional Chief Judicial Magistrate, Court No.01, Mathura in Complaint No.76485 of 2024 (Smt. Madhu Kumari Vs. Harendra Kumar and others), under Section 85, 115(2), 351(2) B.N.S. and Section 3/4 D.P. Act, Police Station-Jamunapar, District Mathura as well as entire proceeding of Complaint No.76485 of 2024 (Smt. Madhu Kumari Vs. Harendra Kumar and others), under Sections 85, 115(2), 351(2) B.N.S. and Section 3/4 D.P. Act, Police Station-Jamunapar, District Mathura pending in the court of learned Judicial Magistrate-Ist, Mathura. 3. Learned counsel for the applicants has submitted that the applicants happen to be husband, jeth, mother-in-law, nanad and maternal uncle of the opposite party no.2. A complaint was lodged by the opposite party no.2 on 2.9.2024 against the applicants under Sections 85, 333,115(2), 352, 351(2) B.N.S. and Section 3/4 D.P. Act with an allegation that the marriage of the applicant no.1 stood solemnized with the opposite party no.2 on 21.4.2022. 4. Learned counsel for the applicants submits that totally false and frivolous allegations have been levelled without any basis that demand of dowry was being made to the tune of Rs.2 lakhs, no such incident took place on 24.12.2023 when the demand of dowry was being made wherein the applicants have pounced upon the opposite party no.2. He further submits that on 22.8.2024 also no such incident was made and on the basis of the statements which are tailormade under Section 223 B.N.S.S. of the opposite party no.2 and Section 225 B.N.S.S. of Vimla Devi the applicants have been summoned. He also submits that as a matter of routine without recording any satisfaction about prima facie fraction of the said provisions the applicants have been summoned. 5. Learned counsel for the applicants has submitted that the applicants shall be preferring that a complaint was also lodged by the applicants before the Police Commissioner, Mathura against the opposite party no.2 and their faction. He has further submitted that the applicants shall be preferring a discharge application for a direction be issued for deciding the same. 6. Learned AGA on the other hand submits that though according to him offences are made from the bare look of the complaint but he has no objection in case the applicants prefer the discharge application. 7. Considering the submissions so made across the bar and looking into the nature of the allegations as well as the oral aspect of the matter and the stand taken by the applicants, the present application stands disposed of directing the applicants to submit a discharge application by 25.7.2025 and on the same motion the court below shall decide the discharge application with most expedition. 8. Till the disposal of the discharge application no coercive action shall be taken against the applicants in Complaint No.76485 of 2024 (Smt. Madhu Kumari Vs. Harendra Kumar and others), under Section 85, 115(2), 351(2) B.N.S. and Section 3/4 D.P. Act, Police Station-Jamunapar, District Mathura as well as entire proceeding of Complaint No.76485 of 2024 (Smt. Madhu Kumari Vs. Harendra Kumar and others), under Sections 85, 115(2), 351(2) B.N.S. and Section 3/4 D.P. Act, Police Station-Jamunapar, District Mathura pending in the court of learned Judicial Magistrate-Ist, Mathura. 9. The protection accorded to the applicants is only available subject to compliance of 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 :- 21.7.2025 piyush Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad