Neutral Citation No. - 2025:AHC:136167 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 28174 of 2025 Applicant :- Usman Ali Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohammad Akram Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Learned counsel for the applicant seeks permission to correct the array of the parties in so far as the O.P. No.2 is concerned. 2. He may do so during the course of the day. 3. Heard Sri Mohammad Akram, learned counsel for the applicant and Sri Abhishek Tripathi, learned A.G.A. for the State. 4. This is an application under Section 528 of BNSS preferred by the applicant for quashing the entire proceedings as well as impugned summoning order dated 12.12.2024 passed by learned Judicial Magistrate/Additional Civil Judge (Jr. Division) Court No.4, Bijnor in Warrant or Summons Criminal Case No.11558 of 2024 (Sabeena Parveen Vs. Usman Ali and others), Under Section 498A, 323, 504, 506 IPC and 3/4 of Dowry Prohibition Act, Police Station Nazibabad, District Bijnor. 5. The case of the applicant is that an FIR stood lodged by O.P. No.2 against the applicant and the family members on 16.09.2021 at 14:20 hours being FIR No.0499 of 2021, under Sections 498-A, 323, 376, 377, 504, 506 IPC read with Section 3/4 of D.P. Act with an allegation that the marriage of O.P. No.2 stood solemnized with the applicant on 24.02.2019 and the O.P. No.2 was subjected to maltreatment, assault and demand of dowry was being made. Thereafter, the statements under Sections 161 and 164 of CrPC of O.P. No.2 was recorded and as per the statement, O.P. no.2 came up with the stand due to friction in the relationship, the complaint was lodged and now they tend to live peacefully. Thereafter a final report came to be submitted, however, a protest petition came to be preferred, pursuant whereto the case transformed into a complaint case and post recording of the statement under Section 200 of the complainant and 202 of CrPC of Mohammad Ikram, the applicant herein came to be summoned on 12.12.2024 under Section 498-A, 323, 504, 506 IPC read with Section 3/4 of D.P. Act. 6. Questioning the summoning order, the applicant has filed the present application. 7. Learned counsel for the applicant has submitted that the summoning order cannot be sustained, particularly when the FIR came to be lodged and post thorough investigation and on the basis of the statement under Section 164 of the O.P. No.2, the final report came to be submitted, however, in order to misuse the process of law, a protest petition came to be preferred, pursuant whereto the case transformed to a complaint case and the applicant has been summoned. 8. Contention is that there is nothing on record even worth consideration or any an iota of evidence that the applicant has committed any offence. He submits that there is no additional material or inputs so injected so as to show that the final report had been submitted in an illegal manner bereft of any evidence. Learned counsel for the applicant submits that only on the basis of tailormade statements, which suits the prosecution without prima facie recording any satisfaction of the attraction of the penal provisions, the applicant has been summoned. Learned counsel for the applicant lastly submits that the applicant as per instructions received from his client shall be filing a discharge application. 9. Learned A.G.A. on the other hand submits that a perusal of the statement under Sections 200 and 202 of CrPC vis-a-vis the nature of the complaint show that there has been no material contradictions or variations which go to the root of the matter. He submits that now it is not open for the applicant to raise the issue that a final report has been submitted particularly when post-recording of the statements under Section 200 and 202 CrPC, the court below has prima facie found that offences are made out. However, he submits that he has no objection if the applicant prefers an application of discharge. 10. I have heard the submissions so made across the Bar and perused the record carefully. 11. Looking into the nature of the allegations, without going into the merits of the matter, the application stands disposed of directing the applicant to submit discharge application by 29.08.2025. On the said motion, the court below shall decide the said application with most expedition. 12. Till the discharge application is decided, no coercive action shall be taken against the applicants with respect to summoning order dated 12.12.2024 passed by learned Judicial Magistrate/Additional Civil Judge (Jr. Division) Court No.4, Bijnor in Warrant or Summons Criminal Case No.11558 of 2024 (Sabeena Parveen Vs. Usman Ali and others), Under Section 498A, 323, 504, 506 IPC and 3/4 of Dowry Prohibition Act, Police Station Nazibabad, District Bijnor. 13. The protection accorded to the applicant 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 :- 12.8.2025 N.S.Rathour (Vikas Budhwar, J) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad