Neutral Citation No. - 2025:AHC:123513 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 26669 of 2025 Applicant :- Smt. Meena Kumari Jha And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Jahar Singh (Kashyap),Stuti Singh Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Jahar Singh (Kashyap), learned counsel for the applicants and Sri Vikas Sharma, learned State Law Officer for the State. 2. This is an application under Section 528 of BNSS preferred by the applicants for quashing the whole proceedings as well as summoning order dated. 16.1.2025 passed by Civil Judge (J.D.) / F.T.C. (Crimes Against women) Jalaun at Orai District Jalaun in Complaint Case No. 22 of 2023, under Sections 498A, 323, 506 I.P.C. and 4 Dowry Prohibition Act, Smt. Janvi alias Pooja Vs. Sachin Jha and others, pending before the Court of Civil Judge (J.D.) / F.T.C. (Crimes Against women) Jalaun at Orai District Jalaun. 3. Learned counsel for the applicant has submitted that a proceedings under Section 156(3) of CrPC was lodged by O.P. No.2, who happens to be the wife of applicant no.3 and the father- in-law and the mother-in-law, who are applicant nos. 1 and 2 on 23.01.2023 under the penal sections 498-A, 323, 504, 506 IPC read with Section 3/4 of D.P. Act with an allegation that the marriage of the applicant no.3 stood solemnized with O.P. No.2 on 21.04.2015, however, the applicants were not happy with the offerings made in the marriage, as they demanded a four-wheeler and the allegation is that the applicants herein on account of non- fulfilment of demand assaulted and subjected the O.P. No.2 to violence. It is contended that on 15.05.2021, the O.P. No.2 was thrown out of the matrimonial house and post-lodging of complaint on 21.01.2023, proceedings under Section 156(3) CrPC was initiated and applicants came to be summoned. Learned counsel for the applicants submits that matter even underwent for mediation wherein the applicants are agreeable to keep the O.P. No.2, but she is not willing. Learned counsel for the applicants submits that no offences are made out and whatever statements are made under Sections 200 and 202 CrPC, they are tailormade and on mere asking without recording prima facie a satisfaction of application of the said penal offences, the applicants have been summoned. Learned counsel for the applicants as per the instructions received from his client submits that the applicants seek to file discharge application. 4. Learned State Law Officer on the other hand submits that offences are made out from the bare narration of the allegation in the complaint, vis-a-vis the statements under Sections 200 and 202 of CrPC, however, he submits that once the applicants seek to file discharge application, to which he has no objection. 5. Considering the submissions so made across the Bar and looking into the nature of allegations and stands of the parties, the application is disposed of directing the applicants to file the proceedings by way of discharge application by 05.08.2025 and this Court has no reason to disbelieve that the court below shall decide the same with most expedition. 6. Till the recall application is decided, no coercive action shall be taken against the applicants with respect to summoning order dated 16.1.2025 passed by Civil Judge (J.D.) / F.T.C. (Crimes Against women) Jalaun at Orai District Jalaun in Complaint Case No. 22 of 2023, under Sections 498A, 323, 506 I.P.C. and 4 Dowry Prohibition Act, Smt. Janvi alias Pooja Vs. Sachin Jha and others, pending before the Court of Civil Judge (J.D.) / F.T.C. (Crimes Against women) Jalaun at Orai District Jalaun. 7. 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 :- 28.7.2025 N.S.Rathour (Vikas Budhwar, J) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad