Neutral Citation No. - 2025:AHC:134287 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 29046 of 2025 Applicant :- Mohd Navi And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Yogesh Mishra Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Yogesh Mishra, learned counsel for the applicants as well as Sri Bhuwal 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 entire proceeding of Complaint Case no.3316 of 2021 (Old No. 72 of 2018) (Smt. Reshma Vs. Abutalib and others) under section 498-A, 323, 504, 506 I.P.C. and 3/4 D.P. Act, Police Station- Sahawar, District Kasganj as well as summoning order dated 15.5.2023 passed by Additional Chief Magistrate, Kasganj, pending in the court of Additional Chief Magistrate, Kasganj. 3. Learned counsel for the applicants has submitted that proceedings under Section 156(3) of CrPC came to be lodged on 03.02.2018 by the O.P. No.2 against the applicants, who happen to be the devar and nanad respectively, as well as the husband and the other family members for the offence under Sections 498-A, 323, 504, 506 IPC read with Section 3/4 of Dowry Prohibition Act with an allegation that marriage of the O.P. No.2 stood solemnized 9 years prior to filing of the proceedings under Section 156(3) of CrPC. It is contended that from the wedlock, four children were born. However, the allegation is that the husband got intimate with some lady and the O.P. No.2 was thrown out from her matrimonial house on 24.01.2018. Allegation is that on 21.03.2018, the applicants herein along with other family members had approached the house of paternal house of O.P. No.2 and demanded Rs.2,00,000/- as dowry. It was also threatened that in case dowry is not being offered, then the O.P. No.2 would not be permitted access in the house. It is also contended that the complaint was also lodged on 23.01.2018, but nothing was done followed by another complaint on 24.01.2018 and 03.02.2018, then the proceedings under Section 156(3) of CrPC also lodged. Learned counsel for the applicant submits that on the basis of the statements of O.P. No.2 under Section 200 CrPC followed by the statement of Abrar and Alae Nabi under Sections 202 of CrPC. The applicant came to be summoned on 15.05.2023 under Sections 498-A, 323, 504, 506 I.P.C. and 3/4 D.P. Act. Learned counsel for the applicants has submitted that the summoning order cannot be sustained for a simple reason that only general and omnibus allegations have been leveled without there being any specific allegation. Contention is that whatever offence is stated to have been committed, they would at best if taken it true, would be upon the husband and not the applicants, who happen to be devar and nanad, respectively. Submission is that the Court below in a routine manner without recording any prima facie satisfaction regarding attraction of the penal consequences has summoned the applicants. Reliance has been placed by learned counsel for the applicants upon the judgment of the Hon'ble Apex Court in the case of Geeta Mehrotra Vs. State of U.P. and others reported in 2012 (10) ADJ 464. 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. Merely because applicants happen to be devar and nanad, they would not absolve the possibility of commission of crime, particularly when each and every case depends on its own facts, however, according to him, it is always open for the applicants to avail the remedy of filing discharge application. 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 Complaint Case no.3316 of 2021 (Old No. 72 of 2018) (Smt. Reshma Vs. Abutalib and others) under section 498-A, 323, 504, 506 I.P.C. and 3/4 D.P. Act, Police Station- Sahawar, District Kasganj as well as summoning order dated 15.5.2023 passed by Additional Chief Magistrate, Kasganj, pending in the court of Additional Chief Magistrate, Kasganj. 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 :- 8.8.2025 N.S.Rathour (Vikas Budhwar, J) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad