Neutral Citation No. - 2025:AHC:138226 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 28740 of 2025 Applicant :- Khaliqunnisha And 7 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Saurabh Tripathi,Shashikant Mishra Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Saurabh Tripathi, learned counsel for the applicants and Sri Sudhir Kumar Chandraul, learned AGA for the State. 2. This application u/s 528 of BNSS has been preferred to set-a- side/quash the order Dt. 21.02.2025 passed by Learned Civil Judge (J.D.) F.T.C.-II/J.M., Sant Kabir Nagar District Sant Kabir Nagar in Complaint No.14462 of 2023, Sharifunnisha Vs. Ishtiyaq Ahmad and others U/S 498A, 323 IPC & U/S 3/4 D.P. Act by means of which the learned Civil Judge (J.D.) F.T.C.-II/J.M., Sant Kabir Nagar District Sant Kabir Nagar summoned the Applicants for offence U/S 498A, 323 IPC & U/S 3/4 D.P. Act in Complaint No.14462 of 2023, Sharifunnisha Vs. Ishtiyaq Ahmad and others U/S 498A, 323 IPC & U/S 3/4 D.P. Act. 3. Learned counsel for the applicants has submitted that a proceeding under Section 156(3) Cr.P.C. came to be lodged by the opposite party no. 2 on 17.11.2023 against the applicants under Section 323, 504, 506, 498A IPC read with Section 3/4 of the DP Act that the marriage of the opposite party no. 2 stood solemnized with Ishtiyaq Ahmad on 14.05.2023. Learned counsel for the applicant submits that the allegation so made in the complaint are false and incorrect, it is nothing but a bundle of lies particularly when no date or time has been mentioned in the complaint when the demand of dowry was being made. He submits that omnibus and general allegations have been made with regard to extension of injuries by the applicants to the opposite party no. 2, there is no injury report also available on record. He further submits that originally the complaint came to be preferred against six accused, however, in the statements under Section 200 of the complainant, the three other accused names were introduced pursuant whereto now 9 have been summoned. Learned counsel for the applicants submits that on the basis of the tailor-made statements under Section 200 of the complainant, under Section 202 of Ashmanullah, Imtiyaz, the applicants have been summoned under Sections 498A, 323 IPC read with Section 3/4 of the DP Act. Further submissions is that there has been no, prima facie, satisfaction recorded by the court below before summoning the applicants with respect to attraction of the penal sections and on being mere asking the applicants have been summoned. Learned counsel for the applicants, on instructions, submits that the applicants shall be filing discharge application. 4. Learned AGA, on the other hand, submits that from the perusal of the statements made under Sections 200 and 202 vis-a-vis the allegations contained in the complaint, prima facie, the case becomes triable and offences are made out, however he has no objection to the discharge application, if so preferred. 5. I have heard the submissions so made across the bar and perused the record carefully 6. Bearing in mind the nature of the allegations as well as the stand taken by the applicants and the relationship of the parties without going into the merits of the matter the application stands disposed of granting liberty to the applicants to prefer discharge application by 28.08.2025 and the court below shall decide the same within a period of two months. 7. Till the discharge application is decided, no coercive action shall be taken against the applicants in the order Dt. 21.02.2025 passed by Learned Civil Judge (J.D.) F.T.C.-II/J.M., Sant Kabir Nagar District Sant Kabir Nagar in Complaint No.14462 of 2023, Sharifunnisha Vs. Ishtiyaq Ahmad and others U/S 498A, 323 IPC & U/S 3/4 D.P. Act by means of which the learned Civil Judge (J.D.) F.T.C.-II/J.M., Sant Kabir Nagar District Sant Kabir Nagar summoned the Applicants for offence U/S 498A, 323 IPC & U/S 3/4 D.P. Act in Complaint No.14462 of 2023, Sharifunnisha Vs. Ishtiyaq Ahmad and others U/S 498A, 323 IPC & U/S 3/4 D.P. Act. 8. Protection so accorded today, shall only be available to the applicant in those contingencies wherein, applicants stick to the timeline and does not commit any default to the order passed by this Court. Order Date :- 13.8.2025 Rajesh Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad