Neutral Citation No. - 2025:AHC:134493 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 29060 of 2025 Applicant :- Smt. Mehtab And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ankit Kapoor Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Ankit Kapoor, learned counsel for the applicants, who are four in number, 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 proceedings of Complaint Case no.9727 of 2022 (Smt. Guddo Vs. Mohammad Rashid and others) under section 498-A I.P.C. and 3/4 of Dowry Prohibition Act P.S. Maudaha, District-Hamirpur, pending in the court of Civil Judge (J.D.)/F.T.C. (Crime against Women's), Hamirpur and further be pleased to quash the summoning order dated 05.05.2023 passed by Civil Judge (J.D.)/F.T.C. (Crime against Women's), Hamirpur passed in the aforesaid complaint case. 3. Learned counsel for the applicants has submitted that proceedings under Section 156(3) of CrPC came to be lodged on 18.08.2022 by the O.P. No.2 against the applicants under Sections 498-A, 323, 504, 506 IPC read with Section 3/4 of Dowry Prohibition Act with an allegation that marriage of the daughter of O.P. No.2 stood solemnized with one Mohd. Rashid on 17.12.2020, as per the rituals which are applicable to the Muslim religion. It is contended that an amount of Rs.3,30,000/- was given in cash and gold jewellery, ornaments and other items were offered along with clothes worth Rs.25000/-. However, allegation is that the applicants herein demanded additional dowry, as according to him, the gifts were not as per the status. It is also alleged that regular demands were being made and the daughter of O.P. No.2 was maltreated and assaulted, pursuant whereto the daughter of O.P. No.2 had to go to her maternal place. Allegation is also that the applicants herein used to join together and they committed assault, pursuant whereto the daughter of O.P. No.2, daughter-in- law sustained head injuries. It is also alleged that in order to pacify and make the things normal, the daughter of O.P. No.2 again went to her matrimonial place and on 26.05.2022, she was assaulted, her valuables were taken away and she was thrown out of the house and thereafter on 16.07.2022, written report was given before the S.P. for lodging of the complaint of the complaint, but nothing happened, thus on 18.08.2022, the present proceedings were lodged. Post recording of the statement of O.P. No.2 under Section 202 CrPC, followed by the statement of Shahana, daughter-in-law (victim) under Section 202 CrPC, further of Smt. Sahara under Sections 202 of CrPC. The applicant came to be summoned on 05.05.2023 under Sections 498-A I.P.C. read with Section 3/4 D.P. Act. 4. Questioning the summoning order, the present applications has been preferred by the applicants. 5. Learned counsel for the applicants has submitted that the summoning order cannot be sustained for the single moment. Elaborating the said submission, learned counsel for the applicants submits that only general and omnibus allegations have been leveled without there being any specific allegation. Contention is that a perusal of the complaint would show that though at earlier point of time, assault and maltreatment which is stated to have been extended to the daughter of the O.P. No.2 at the end of the applicants, but no date whatsoever has been mentioned. Further, the date which has been mentioned of subsequent proceedings is 26.05.2022, but neither there is any injury report nor anything else. It is further contended that there has been no complaint lodged with respect to the earlier incident and further the statements of the prosecution witnesses under Sections 200 and 202 of CrPC are tailormade, just to suit the case of the prosecution, the court below has summoned the applicants. 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 the allegations so made in the complaint are supported by the statements under Sections 200 and 202 CrPC, and further there are no material contradictions or variations so as to outrightly demolish the case of the prosecution, 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.9727 of 2022 (Smt. Guddo Vs. Mohammad Rashid and others) under section 498-A I.P.C. and 3/4 of Dowry Prohibition Act P.S. Maudaha, District-Hamirpur, pending in the court of Civil Judge (J.D.)/F.T.C. (Crime against Women's), Hamirpur and further the proceedings of summoning order dated 05.05.2023 passed by Civil Judge (J.D.)/F.T.C. (Crime against Women's), Hamirpur passed in the aforesaid complaint case. 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