Neutral Citation No. - 2025:AHC:130956 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 28032 of 2025 Applicant :- Teekam Singh And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ashish,Shiva Kant Dubey Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Shiv Kant Dubey, 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 summoning order dated 30.05.2025 passed by Judicial Magistrate Firozabad in Compliant Case no. 38332 of 2024, (Smt Gudiya Vs. Jitendra Singh Others), under Sections 498A, 323, 504, 506 I.P.C. 3/4 D.P. Act, Police Station Linepar, District Firozabad, pending in the Court of Judicial Magistrate, Firozabad. 3. Learned counsel for the applicants has submitted that the applicants herein are neighbours, married nanad and mother-in-law and proceedings under Section 156(3) of CrPC was lodged by O.P. No.2 under Sections 323, 498-A, 354, 376, 511, 34, 506, and 307 IPC read with Section 3/4 of D.P. Act. Marriage of O.P. No.2 was solemnized with one Jitendra on 10.09.2024. Learned counsel for the applicants submits that omnibus and general allegations have been leveled and the applicants are nowhere related to the commission of the said offences. There had been no demand of dowry and further even in order to give colour, the description of the applicants have been wrongly shown to be the relatives (in- laws), as the applicant nos. 1 and 2 are even otherwise are neighbours. Submission is that the applicants are innocent and only in order to give colour, to exert pressure and to dictate terms, a bald allegation has been made that on 05.06.2024, the O.P. No.2 was thrown out of her matrimonial house. Learned counsel for the applicants submits that the applicant no.4 who happens to be mother-in-law had lodged an FIR being FIR No.609 of 2022 on 16.09.2022 under Sections 147, 384, 380, 323, 504, 506 IPC against the O.P. No.2 and their faction and further an FIR also came to be lodged bearing number "241 of 2024" dated 19.06.2024 by applicant no.4 under Sections 352, 323, 506, 379 IPC against her son and the O.P. No.2 and others. Submission is that it is rather the applicants, who have been subjected to offences than the O.P. No.2, just a matter of counterblast and retaliation, the present proceeding has been lodged. Further submission is that the statements under Section 200 and 202 are tailormade just in order to suit the prosecution case and the court below without recording any prima facie finding with regard to attraction of the said offences, has summoned the applicants under Sections 498-A, 323, 504, 506 IPC read with Section 3/4 of D.P. Act. Learned counsel for the applicants as per the instructions received from his client submits that the applicants seek to file discharge application seeking discharge. 4. Learned State Law Officer on the other hand submits that whatever might be the arguments so sought to be raised by learned counsel for the applicants that the applicant nos. 1 and 2 happen to be neighbours, applicant no.3 is married nanad and applicant no.4 mother-in-law and they have not committed any criminality is a question of defence, particularly when the allegations in the complaint as well as the statements under Sections 200 and 202 of CrPC speaks about demand of dowry and subjection to maltreatment and assault and also throwing out of the O.P. No.2/daughter-in-law from the matrimonial house 05.06.2024. He submits that it is always open for the applicants to prefer a discharge application. 5. Considering the submissions so made across the Bar, stand taken by the respective parties, looking into the over all facts and situation, this Court without entering into the merits of the matter, the application is disposed of granting liberty to the applicants to file the proceedings by way of discharge application by 21.08.2025. On the said motion, the court below shall decide the discharge application strictly in accordance with law. 6. Till the disposal of the discharge application, no coercive action shall be taken against the applicants with respect to summoning order dated 30.05.2025 passed by Judicial Magistrate Firozabad in Compliant Case no. 38332 of 2024, (Smt Gudiya Vs. Jitendra Singh Others), under Sections 498A, 323, 504, 506 I.P.C. 3/4 D.P. Act, Police Station Linepar, District Firozabad, pending in the Court of Judicial Magistrate, Firozabad. 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 :- 5.8.2025 N.S.Rathour (Vikas Budhwar, J) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad