HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 35625 of 2025 Court No. - 75 HON'BLE VIKAS BUDHWAR, J. 1. Heard Sri Namrata Saxena (UP Bar Enrollment No. UP 12858/25) holding brief of Sri Shashi Shekhar Maurya, learned counsel for the applicants as well as Sri Vikas Sharma, learned State Law Officer for the State. 2. This application u/s 528 of BNSS has been preferred to quash the Summoning order dated 22/03/2024 in complaint case no. 208/2023(Computer No.- 16547/2023) as well as entire proceeding in complaint case no. 208/2023(Computer No.- 16547/2023), U/S- 323, 504, 506, 498A I. P. C. & 3/4 D.P. Act, P.S. Kotwali Mahoba, District Mahoba which has been pending before C.J.M. Mahoba, -Dist.- Mahoba. 3. The case of the applicants is that proceedings under Section 156(3) Cr.P.C. came to be lodged by the opposite party no. 2 against the applicants who happen to be the Nandoi and Nanad and husband and the otehr family member with an allegation that on 10.12.2018 the marriage of the opposite party no. 2 stood solemnized with one Rahul Sriwas and in the marriage several gifts and offerings were made being motorcycle, jewellary, household items. Though things proceeded nicely post marriage for certain days, however, demand of dowry was being made to the tune of Rs. 5,00,000/- in cash on account whereof the opposite party no. 2 alleges that she had been subjected to harassment and offences under the penal sections were made. It is alleged on 21.06.2024 in the night, the applicants herein along with other family members assaulted the opposite party no. 2 and she was thrown out of the house and a Versus Counsel for Applicant(s) : Bhriguram Ji, Shashi Shekhar Maurya Counsel for Opposite Party(s) : G.A. Pradeep Kumar And Another .....Applicant(s) State Of U.P. And Another .....Opposite Party(s) complaint was lodged on 05.06.2023 and thereafter, the proceedings transformed into complaint post recording of the statement of the opposite party no. 2 under Section 200, Gyan Chand, Santosh Kumar under 202 the applicants no. 1 and 2 came to be summoned under Section 323, 506, 504, 498A IPC read with Section 3/4 of the DP Act. Learned counsel for the applicants has submitted that the applicants are not committed any offence. Contention is that only on the basis of general and omnibus allegations, the applicants have been summoned there are no specific instances of the demand of dowry and further the applicants herein have separate living they are nanad and nandoi and further whatever criminality if any can be attributed or inflicted it is upon the husband and the other family members and not the applicants. It is also contended that proceedings under Section 9 of the Hindu Marriage Act has been instituted by the husband of the opposite party no. 2 against her which came to be decreed on 07.01.2022 and the proceedings under Section 13 has also been instituted by the applicants against the opposite party no. 2. It is further contended that totally false and frivolous allegations have been levelled though the applicants have been summoned under Section 323 IPC but there is no injury report available on record. The court below without recording any prima facie satisfaction has summoned the applicants in a routine manner. Learned counsel for the applicants has placed reliance on 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 seeks discharge. 4. Learned State Law Officer, on the other hand, submits that offences are made out and whatever argument is being sought to be raised is a matter of defence. There are no material contradictions or variations in the statements under Section 200 and 202 of Cr.P.C. vis-a-vis in the complaint. 5. I have heard the submission so made across the bar and perused the record carefully. 6. Accordingly, looking into the overall facts and circumstances of the case, the application stands disposed of, the applicants are at liberty to file a discharge application before the court below by 09.10.2025 and on the filing of the discharge application, the court below shall decide the same preferably within two months. NA528 No. 35625 of 2025 2 7. Till the disposal of the discharge application, no coercive action shall be taken against the applicant pursuant to complaint case no. 208/2023(Computer No.- 16547/2023), U/S- 323, 504, 506, 498A I. P. C. & 3/4 D.P. Act, P.S. Kotwali Mahoba, District Mahoba which has been pending before C.J.M. Mahoba, -Dist.- Mahoba. 8. The protection so accorded to the applicants shall be only in those contingencies wherein the applicants sticks to the timelines and does not violate any of the conditions of the order. In case of any violation, the protection stand vacated without reference to the Bench. September 16, 2025 Rajesh NA528 No. 35625 of 2025 3 (Vikas Budhwar,J.) Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad