Neutral Citation No. - 2025:AHC:138565 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 28540 of 2025 Applicant :- Rajesh Chauhan And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Piyush Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Mahesh Kumar Kuntal (AOR No.A/M0106/12) holding brief of Sri Piyush Kumar Shukla learned counsel for the applicants and Sri J.P. Gupta, learned AGA for the State. 2. This is an application filed under Section 528 of the B.N.S.S. for quashing the order dated 05.05.2014 passed by the Chief Judicial Magistrate, Lalitpur in Complaint case no. 4118 of 2013 (Smt. Rashmi Chauhan Vs. Rajesh Chauhan and others) under sections 498A, 323, 504, 506 I.P.C. and 3/4 Dowry Prohibition Act as well the entire proceedings of AY Complaint case no. 4118 of 2013 (Smt. Rashmi Chauhan Vs. Rajesh Chauhan and others) under section 498A, 323, 504, 506 I.P.C. and 3/4 Dowry Prohibition Act, Police station Kotwali, District Lalitpur pending in the court of Chief Judicial Magistrate, Lalitpur. 3. The case of the applicants is that proceedings under Section 156(3) of the Cr.P.C. came to be lodged for the offences under Sections 498A, 323, 504, 506 I.P.C. and 3/4 Dowry Prohibition Act on 16.11.2013 against the applicants, who are husband, father- in-law, mother-in-law and brother-in-law, with an allegation that the marriage of the opposite party no.2 stood solemnized with the applicant no.1, 8-9years ago from the filing of the complaint and expenditure worth 10 lacs rupees was incurred and gifts were offered, however, demand of additional dowry was being made to the tune of Rs.5 lacs in the year 2005 and with the wedlock of the opposite party no.2 and applicant no.1 a daughter was born however the allegation is that the opposite party no.2 was assaulted and she was thrown away from her matrimonial house after snatching away the valuables, a complaint came to be lodged on 13.11.2013 before the Superintendent of Police followed by proceedings under Section 156(3) Cr.P.C. and the applicants came to be summoned on 5.5.2014 under Sections 498A, 323, 504, 506 I.P.C. and 3/4 Dowry Prohibition Act. 4. 4. Learned counsel for the applicants has submitted that though the omnibus and general allegations have been levelled without there being any specific allegation and it is improbable and inconceivable that there happens to be demand of dowry after 8/9 years post marriage. He has further submitted that there is no date mentioned when the said demand of dowry was being made and further the applicants had no point of time thrown out the opposite party no.2 for her matrimonial house. He has also submitted that the applicants no.2 and 3 are senior citizen, aged and ailing. He however submits that the applicants shall be filing a discharge application. 5. Learned AGA on the other hand submits that a bare perusal of the allegations contained in the complaint vis-a-vis the statements made under Sections 200 and 202 of the Cr.P.C. are not in contradiction or variation, rather they make the case triable. He however submits that he has no objection to the fact that the applicants prefer a discharge application. 6. Considering the submissions so made across the bar and after perusing the record as well as the stand taken by the respective parties and the nature of the allegations sought to be levelled without entering into the merits, the application stands disposed of directing the applicants to submit a discharge application by 29.8.2025 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. 7. Till the discharge application is decided, no coercive action is being taken against the applicant in pursuance of the complaint case no. 4118 of 2013 (Smt. Rashmi Chauhan Vs. Rajesh Chauhan and others) under section 498A, 323, 504, 506 I.P.C. and 3/4 Dowry Prohibition Act, police station Kotwali, District Lalitpur pending in the court of Chief Judicial Magistrate, Lalitpur. 8. 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 :- 13.8.2025 piyush Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad