Neutral Citation No. - 2025:AHC:138196 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 28521 of 2025 Applicant :- Devendra And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amit Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Amit Kumar Mishra learned counsel for the applicant and Sri Vikas Sharma learned State Law Officer for the State. 2. This is an application filed under Section 528 of the B.N.S.S. for quashing the entire proceedings of Complaint Case No.10037 of 2022 (Smt. Rekha Vs. as Dheeraj & others) as well impugned Summoning order dated 01.02.2024 passed U/s 498A, 323 IPC and 3/4 D.P. Act Police Station-Sadar, District-Agra pending in the court of Additional Chief Judicial Magistrate, Court No.7, Agra. 3. The case of the applicants is that a complaint was lodged by the opposite party no.2 against the applicants who are father-in-law and mother-in-law proceedings under Sections 498A, 323, 325, 504, 506 IPC and 3/4 D.P. Act on 20.8.2025 with an allegation that the marriage of the opposite party no.2 stood solemnized with the son of the applicants on 5.2.2018 huge expenditures and gifts were offered laks of rupees however demand of dowry was being made to the tune of Rs.2 lakhs pursuant whereto the applicants herein pounced upon the opposite party no.2 on 6.11.2021 and assaulted her and confined in the room while threatening that when he returns the amount of Rs.2 lakhs be handed over. Further allegation is that on 14.8.2022 at 10 the incident stood occurred wherein the applicants along with the other family members assaulted the opposite party no.2 had given blow to the daughter of the opposite party no.2 pursuant whereto she is sustained injuries and on 18.8.2022 a written complaint was given to the police that is happening on 20.8.2022 proceedings under Section 146(3) Cr.P.C. came to be initiated. Statements under Section 200 Cr.P.C. of the complainant was recorded followed by the statement of Monu, Ashok the applicant came to be summoned on 1.2.2024, under Sections 498A, 323 IPC and 3/4 D.P. Act. 4. Learned counsel for the applicant has submitted that the summoning order cannot be sustained for the simple reason general and omnibus allegations have been levelled without there being any specific allegation is that though in the complaint incident is stated to have been dated 6.11.2021 and 14.8.2022 but in the statements of the complainant under Sections 200 Cr.P.C. there is no recital about the same and statements have been made that demand of Rs.2 lakhs was being made an additional dowry. Learned counsel for the applicant has further submitted that the statements under Section 202 Cr.P.C. are tailormade just in order to suits the case of the prosecution and the court below has summoned the applicant without recording any prima facie finding with regard to attraction/ applications of the penal sections in a routine manner. It is also contended that the missing report has been lodged before the police station regarding the missing of the son of the applicants. He has also submitted that the applicants are innocent and they are falsely implicated there is no iota of evidence so as to suggest the criminality. Reliance has been placed upon the judgment of the Apex Court in the case of Geeta Mehrotra Vs. State of U.P. and others reported in 2012 (10) ADJ 464. He has thus submitted that the applicants as per instructions received from his client shall be filing a discharge application. 5. 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 goes to the root of the matter. However, he submits that he has no objection if the applicant prefers an application of discharge. 6. I have heard the submissions so made across the Bar and perused the record carefully. 7. Looking into the nature of the allegations and the stand taken by parties without going into the merits of the matter, the application stands disposed of directing the applicant to submit discharge application by 4.09.2025. On the said motion, the court below shall decide the said application with most expedition. 8. Till the discharge application is decided, no coercive action shall be taken against the applicants with respect to the Complaint Case No.10037 of 2022 (Smt. Rekha Vs. Dheeraj & others) as well as impugned Summoning order dated 01.02.2024 passed U/s 498A, 323 IPC and 3/4 D.P. Act Police Station-Sadar, District-Agra pending the court of Additional Chief Judicial Magistrate, Court No. 7, Agra. 9. 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 :- 13.8.2025 piyush Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad