Neutral Citation No. - 2025:AHC:136798 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 29390 of 2025 Applicant :- Raghvendra Kasaudhan And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ram Mani Upadhyay,Sarvjeet Kumar Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Ram Mani Upadhyay learned counsel for the applicants and Sri Abhishek Tripathi, learned AGA for the State. 2. This is an application filed under Section 528 of the B.N.S.S. for quashing the order dated 06.06.2025 passed by Civil Judge (Junior Division)/Fast Track Court-II/Judicial Magistrate, Sant Kabir Nagar, in complaint Case no.5152 of 2022 (Smt. Neha Gupta Vs. Raghvendra Kasaudhan and others) summoning the applicant no.1 & 2 Under Sections 498A, 323, 506 Indian Penal Code and 3/4 Dowry Prohibition Act and summoning the applicant no. 3, 4 and 5 Under Sections 498A and 323 Indian Penal Code at Police Station Khalilabad, District Sant Kabir Nagar and proceeding of the complaint Case no.5152 of 2022 (Smt. Neha Gupta Vs. Raghvendra Kasaudhan and others) Under Sections 498A, 323, 506 Indian Penal Code and 3/4 Dowry Prohibition (Junior Act pending before Civil Judge Division)/Fast Track Court-II/Judicial Magistrate, Sant Kabir Nagar. 3. Learned counsel for the applicants has submitted that proceedings under Section 156(3) of the Cr.P.C. came to be preferred by the opposite party no.2 on 9.3.2022 for the offences under Sections 323, 504, 506, 498 IPC read with Section 3/4 of the D.P. Act with an allegation that the marriage of the opposite party no.2 stood solemnized with the applicant no.1 on 22.6.2017 at the time of the marriage gifts were lacs of rupees were offered and huge expenditure was incurred but the applicants are not happy with the gifts and the offerings so made and they demanded dowry being a motorcycle and certain other things when the same was resisted by the opposite party no.2 showing the incapacity and incapability of the financial status of the father of the opposite party no.2 then the opposite party no.2 was assaulted and she was thrown out along with the two children on 28.11.2021 from the matrimonial house thereafter a complaint was lodged before the police station on 23.2.2022 and on 9.3.2022 the proceedings under Section 156(3) of the Cr.P.C. came to be lodged thereafter on 6.6.2025 the summoning order came to be passed summoning the applicants. He has further submitted that the allegations contained in the complaint are nothing but a bundle of lies which are no nexus with reality particularly when the applicants happens to be husband, father-in-law, mother-in-law, sister-in-law and brother- in-law, they have at no point of time may any demand of dowry less to say about the demand of motorcycle. He has also submitted that there is no iota of evidence worth consideration about demand of dowry. 4. Submission is that only a bald allegation has been made that on 28.11.2021 the opposite party no.2 was thrown out from the matrimonial house but there is no evidence in that regard. Further submission is that the statements under Section 200 Cr.P.C. of the complainant as well as under Section 202 Cr.P.C. of the Sita Devi followed by of Kedar Nath the applicants have been summoned in a routine manner without recording any satisfaction about the prima facie attraction/application of the penal sections. He however submits that the applicants shall be filing a discharge application. 5. Learned AGA has opposed the present application while contending that the statements made under Sections 200 and 202 of the Cr.P.C. are not in contradiction or variation with the allegations in the complaint case and its becomes triable particularly when it is the allegation of the opposite party no.2 that she has been thrown out from the matrimonial house on 28.11.2021. He has no objection to the fact that the applicant shall file a discharge application. 6. Considering the submissions so made across the bar and after perusing the record as well as the stand taken by the respective parties and the nature of the allegations sought to be levelled without entering into the merits, the application stands disposed of directing the applicants to submit a discharge application by 29.8.2025 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. 7. Till the discharge application is decided, no coercive action is being taken against the applicant in pursuance of the Complaint Case no.5152 of 2022 (Smt. Neha Gupta Vs. Raghvendra Kasaudhan and others) Under Section 498A, 323, 506 Indian Penal Code and 3/4 Dowry Prohibition Act in Police Station Khalilabad, District Sant Kabir Nagar pending before Civil Judge (Junior Division)/Fast Track Court-II/Judicial Magistrate, Sant Kabir Nagar. 8. 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 :- 12.8.2025 piyush Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad