Neutral Citation No. - 2025:AHC:127721 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 27613 of 2025 Applicant :- Kamruddin Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohammad Khalid Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Riyaz Ahmad Siddiqui (AOR No.A/R0565/2023) holding brief of Sri Mohammad Khalid, learned counsel for the applicant and Sri Moti Lal, learned AGA for the State. 2. This application under Section 528 BNSS has been filed by the applicant to quash the entire proceeding of the Complaint Case No. 1729 of 2024 (Rukhsar Vs. Kamruddin and others), under Sections 498-A IPC and Section 3/4 D.P. Act, Police Station - Ganjdundwara, District Kasganj as well as summoning order dated 21.05.2025 passed by Chief Judicial Magistrate, District - Kasganj. 3. Learned counsel for the applicant has submitted that the applicant happens to be husband of the opposite party no.2. Marriage the applicant stood solemnized with the opposite party no.2 on 15.11.2020. 4. Learned counsel for the applicant submits that total omnibus and general allegations have been levelled without there being any specific instances. He further submits that in the complaint there is no recital about the demand of dowry and maltreatment and even in para-4 it has been alleged that the applicant was thrown out by the opposite party no.2 from her matrimonial house but no date has been mentioned. It is also alleged that in para-5 an incident is stated to have been dated 5.5.2024 wherein the applicant along with the other family members had come to the maternal house of the opposite party no.2 and demanded dowry and assaulted the opposite party no.2 and family members but in the statement under Section 200 Cr.P.C. there is no recital of the same. 5. In nutshell submission is that the entire allegations are false, incorrect and bundle of lies just in order to falsely implicate the applicant and on the basis of the tailormade statements of the complainant under Section 200 Cr.P.C., Shamsul, Mohd. Zameer, under Section 202 Cr.P.C. the applicant stands summoned under Section 498 IPC and Section 3/4 of the D.P. Act. 6. Submission of learned counsel for the applicant is that as per instructions from his client that the applicant shall prefer a discharge application. 7. Learned AGA on the other hand submits that the nature of the allegations contained in the complaint vis-a-vis the statements under Sections 202 & 202 Cr.P.C. are not in contraction or variation and primia facie triable case is made out, however, in case the applicant seeks to file discharge application, there is no objection. 8. Looking into the overall facts of the case, the application is disposed of directing the applicant to submit a discharge application by 14.8.2025 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. 9. Till the discharge application is decided, no coercive action is being taken against the applicant in pursuance of the Complaint Case No. 1729 of 2024 (Rukhsar Vs. Kamruddin and others), under Sections 498-A IPC and Section 3/4 D.P. Act, Police Station - Ganjdundwara, District Kasganj as well as summoning order dated 21.05.2025 passed by Chief Judicial Magistrate, District - Kasganj. 10. In the event of default of any of the conditions by the applicant as referred to above, the protection shall stand vacated without reference to the Bench. Order Date :- 31.7.2025 piyush Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad