Neutral Citation No. - 2025:AHC:133494 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 28771 of 2025 Applicant :- Nirbhay Singh Gaur And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anil Kumar Sharma,Kapil Kumar Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Kapil Sharma, learned counsel for the applicants as well as Sri K.K. Vishwakarma, learned A.G.A. for the State. 2. This is an application under Section 528 of BNSS preferred by the applicant for quashing the summoning order dated 3.2.2025 passed by Civil Judge (J.D.) F.T.C. /J.M. Etawah in complaint case no. 7206/2023, Reetma Singh Vs. Nirbhay Singh and others u/s 498A, 323, 504, 506 of IPC and 3/4 of D.P. Act at Police Station Kotwali, District Etawah against the applicants pending in the court of Civil Judge (J.D.) F.T.C. /J.M. Etawah. 3. Learned counsel for the applicants has submitted that proceedings under Section 156(3) of CrPC came to be lodged on 23.06.2023 by the O.P. No.2 against the applicants, who happen to be the husband and mother-in-law for the offence under Sections 498-A, 323, 504, 506 IPC read with Section 3/4 of Dowry Prohibition Act with the allegation that in the marriage, so solemnized on 06.12.2013, gifts and expenses worth Rs.36,00,000/- were incurred apart from cash of Rs.8,00,000/- and ornaments worth Rs.5,00,000/-. It is also contended that the applicant no.1 is a well established person, however, the allegation is that the constant demand of dowry was being raised and on 05.02.2023, the O.P. No.2 was thrown out from her matrimonial house while being assaulted and her stridhan and valuables were snatched away and on 13.06.2023, a panchayat was convened wherein the applicants here were adamant upon the demand and thus on 15.06.2023, a complaint was lodged before the police station, but nothing has happened, so proceedings under Sections 156(3) CrPC came to be triggered on 23.06.2023. Post recording of the statement of the O.P. No.2/wife, Ranjeet Singh under Section 202 CrPC, Abdul Rashid, the applicants have been summoned on 03.02.2025 under Sections 498-A, 323, 504, 506 IPC read with Section 3/4 of D.P. Act. Learned counsel for the applicants submits that no offence whatsoever has been committed. The entire allegation contained in the complaint are nothing but a bundle of lies, which have got no nexus with reality. Further submission is that though the proceedings in the complaint under Section 156(3) CrPC, the incident has been shown to b e of dated 05.02.2023, wherein the O.P. No.2 was thrown out from her matrimonial house and her stridhan and valuables were snatched away followed by an incident dated 13.06.2023, wherein panchayat was convened. However, scuffle came into existence, particularly, when in the panchayat the applicants were adamant in the dowry demand, but in the statement of the O.P. No.2/wife, there is nothing on record to suggest that even remotely, the same has been deposed. Further submission is that the court below has summoned the applicants in a routine manner without prima facie recording any satisfaction without the attraction of the penal sections. Learned counsel for the applicants as per the instructions, submits that the applicants shall be preferring discharge application seeking discharge. 4. Learned A.G.A. on the other hand submits that from the perusal of the complaint vis-a-vis the statements under Sections 200 and 202 CrPC. Prima facie, there are no material contradictions or variations, as this case becomes triable, however, according to him, he has no objection in case the applicants avail the remedy of discharge. 5. Considering the submissions so made across the Bar and after perusing the record, and looking into the over all facts situation, stand taken by the applicants as well as the nature of the allegations, without entering into the merits the application stands disposed of directing the applicants to submit a discharge application by 28.08.2025. On the receipt of the said motion, the court below shall decide the discharge application. 6. Till the disposal of discharge application, no coercive action be taken against the applicants with respect to summoning order dated 3.2.2025 passed by Civil Judge (J.D.) F.T.C. /J.M. Etawah in complaint case no. 7206/2023, Reetma Singh Vs. Nirbhay Singh and others u/s 498A, 323, 504, 506 of IPC and 3/4 of D.P. Act at Police Station Kotwali, District Etawah against the applicants pending in the court of Civil Judge (J.D.) F.T.C. /J.M. Etawah. 7. 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 :- 7.8.2025 N.S.Rathour (Vikas Budhwar, J) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad