Neutral Citation No. - 2025:AHC:121432 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 26244 of 2025 Applicant :- Narendra Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pawan Sut,Praval Tripathi Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Praval Tripathi along with Sri Pawan Sut, learned counsel for the applicant and Sri K.K. Vishwakarma 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 30.08.2024, passed in Complaint, Case No. 837/2023, Preeti Vs. Narendra Yadav, under Sections 498A,323,506 IPC and 3/4 DP Act pending in the Court of Civil Judge (JD)/ FTC II, Hathras. 3. Learned counsel for the applicant has submitted that a complaint stood lodged by the opposite party no.2 wife against the applicant, who happens to be the husband and the other family members, who are non applicants herein with an allegation that the marriage of the opposite party no.2 stood solemnized with the applicant on 18.6.2019 and expenditure worth five lakh rupees was incurred and gifts were also offered as per the status. He has further submitted that the allegation with respect to demand of dowry is nothing but bundle of lies as there is nothing on record to substantiate the same. He has also submitted that in para-3 of the complaint it is also alleged that the applicant herein along with the family members had assaulted and also poured kerosene oil upon the opposite party no.2 but there is no date and time mentioned in that regard which is as vague as possible. 4. Learned counsel for the applicant submits that in para 4 of the complaint it is alleged that on 31.5.2023 at 11.00 a.m. the opposite party no.2 the applicant herein along with family members had come to the maternal house of the opposite party no.2 and demanded a bullet motorcycle and one lakh rupees and on resistance being shown for doing so the opposite party no.2 was slapped with the aid of fist. He further submits that post recording of the statement under Section 200 of the Cr.P.C. the statements of Sanjeev Kumar and Ram Prakash were recorded under Section 202 of the Cr.P.C. but ironically in their statements, it has been alleged that the said incident occurred in a village known as Sultanpur Kheda wherein the opposite party no.2 was forcefully told to sit in the vehicle. He also submits that there are material contradictions in the statements which completely erode the prosecution theory. He next submits that even the medical reports are not on record however, the court below has summoned the applicant in a routine manner on mere asking.He further submits that as per the instructions received from the client the applicant shall be filed discharge application. 5. Learned AGA on the other hand submits that the offences are made out from the statements made under Sections 200 and 202 of the Cr.P.C. vis-a-vis the complaint. However, he has no objection to the discharge application. 6. Looking into the overall facts of the case, nature of allegations and stand of the parties, the application is disposed of directing the applicant to submit a discharge application by 14.08.2025 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 strictly in accordance with law. 7. Till the discharge application is decided, no coercive action is being taken against the applicant in pursuance of the summoning order dated 30.08.2024, passed in Complaint, Case No. 837/2023, Preeti Vs. Narendra Yadav, under Sections 498A,323,506 IPC and 3/4 DP Act pending in the Court of Civil Judge (JD)/ FTC II, Hathras. 8. In the event of default of any of the conditions by the applicant as referred to above, the interim protection shall stand vacated without reference to the Bench. Order Date :- 24.7.2025 piyush Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad