Neutral Citation No. - 2025:AHC:134872 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 29020 of 2025 Applicant :- Ritesh Kundey Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjeev Kumar Khare Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Shri Sanjeev Kumar Khare, learned counsel for the applicant and Shri Vikas Sharma, learned State Law Officer for the State. 2. This application under Section 528 BNSS has been filed by the applicant to quash the entire criminal proceedings of Complaint Case No.1023 of 2021 (Deepmala Kundey vs. Ritesh Kundey and others) under Sections 498A, 323, 506 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Atarsuiya, District Allahabad (Prayagraj) pending before the learned Additional Chief Judicial Magistrate, Room No.7, Allahabad (Prayagraj) and also quash the impugned summoning order dated 19.05.2023 passed by learned Judicial Magistrate, Room No.8, Allahabad (Prayagraj) in Complaint Case No.1023 of 2021 (Deepmala Kundey vs. Ritesh Kundey and others) under Section 498A, 323, 506 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Atarsuiya, District Allahabad (Prayagraj). 3. Learned counsel for the applicant has submitted that the proceedings under Section 156(3) of the Cr.P.C. is came to be lodged by the opposite party no.2, under Sections 498A, 323, 506 I.P.C. and Section 3/4 Dowry Prohibition Act with an allegation that the marriage of the applicant stood solemnized with the opposite party no.2 on 18.6.2018 and expenditures worth lakhs of rupees were incurred including cash and jewellery and other articles, however, the applicant as well as the Jeth of the opposite party no.2 used to demand additional dowry and a baby was born of their wedlock on 3.3.2020 which was not appreciated by the applicant and the Jeth and on 2.2.2021 the applicant was thrown out of the house after being assaulted. 4. Post recording of the statements under Section 200 Cr.P.C. of the opposite party no.2 and Section 202 Cr.P.C. of Shashi Kiran, Mewa Lal the applicant came to be summoned under Section 498A, 323, 506 IPC read with Section 3/4 of the D.P. Act. 5. Questioning the summoning order the present application has been filed. 6. Learned counsel for the applicant has submitted that the summoning order cannot be sustained particularly when only general and omnibus allegations have been levelled and even in the statement of the complainant under Section 200 Cr.P.C. the entire allegations of demand of dowry has been made upon the Jeth and not the applicant who is the husband however, though false and incorrect statement has been made in the deposition under Section 200 Cr.P.C. as well as in the complaint that the applicant herein being the husband had assaulted the opposite party no.2 and she was thrown out with the minor daughter on 2.2.2021. He has further submitted that the entire statements of the prosecution witness are tailormade just the suit of the case of the prosecution and further the court below has summoned the applicant in a routine manner without recording any prima facie satisfaction of the application. 7. Learned counsel for the applicant at this juncture submits that he confines his relief for preferring discharge application before the court below taking all legal and factual grounds and the court below shall decide the the same. 8. Learned State Law Officer on the other submits that whatsoever might be the statements under Sections 200 and 202 Cr.P.C. vis-a- vis the allegations in the complaint are not in nature contradictions or variations so as to thoroughly outrightly overrule the prima facie occurrence of the offences. He also submits that the applicant seeks to prefer a discharge application, seeking discharge before the court below taking all legal and factual grounds which are available and permissible under law and a direction be issued to the court below to consider the same in correct perspective. 9. Looking into the overall facts of the case, the application is disposed of directing the applicants to submit a discharge application by 28.8.2025 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. 10. Till the discharge application is decided, no coercive action is being taken against the applicant in pursuance of the further proceedings of the Complaint Case No.1023 of 2021 (Deepmala Kundey vs. Ritesh Kundey and others) under Sections 498A, 323, 506 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Atarsuiya, District Allahabad (Prayagraj) pending before the learned Additional Chief Judicial Magistrate, Room No.7, Allahabad (Prayagraj) and also quash the impugned summoning order dated 19.05.2023 passed by learned Judicial Magistrate, Room No.8, Allahabad (Prayagraj) in Complaint Case No.1023 of 2021 (Deepmala Kundey vs. Ritesh Kundey and others) under Section 498A, 323, 506 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Atarsuiya, District Allahabad (Prayagraj). 11. 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 :- 8.8.2025 piyush Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad