Neutral Citation No. - 2025:AHC:135121 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 29268 of 2025 Applicant :- Pramod Kumar Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jayendra Kumar Mishra,Keerti Mishra Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Jayendra Kumar Mishra, learned counsel for the applicant and Sri Pankaj Kumar Rai learned AGA for the State. 2. This is an application filed under Section 528 of the B.N.S.S. for quashing the summoning order dated 15.01.2025 passed by Civil Judge (JD) Fast track Court no 1 Judicial Magistrate Ghaziabad Compliant Case no 56806 of 2024 (Smt. Archana Vishesh vs Pramod Kumar and another ) Under section 498A, 323,I.P.C. and D.P. Act Police Station Mahila Thana, District Ghaziabad, 3. The case of the applicant is that a complaint was lodged by the opposite party no.2 on 25.6.2024, who happens to be the wife of the applicant, marriage whereof was solemnized on 8.8.2022 with an allegation that the opposite party no.2 is a divorcee as well as the applicant herein also a divorcee. The marriage was solemnized and the expenditures were incurred as per the status, however, the allegation is that the applicant was not happy with the dowry so he demanded Rs.25 lakhs followed by Rs.50 lakhs and he used to maltreat, assault the opposite party no.2 and further exhibit indecent behaviour with the friends in the bedroom. It is also alleged that the complaint in this regard was made to the police while 15.9.2023, 26.9.2023, 27.9.2023 and on 6.10.2023 since the demand was not being accomplished to the applicant herein along with family members tried to strangulate and she had to ran away along with the child from maternal house and the allegation is about the abortion. A complaint was lodged on 7.5.2024 and 8.5.2024 and 25.6.2024 the proceedings under Section 156(3) Cr.P.C. has been initiated under Sections 498A, 307, 323, 504, 328, 506, 313 IPC read with Section 3/4 of the D.P. Act. Post recording of the statements under Section 200 Cr.P.C. of the complainant/opposite party no.2, witness Priti under Section 202 Cr.P.C., the applicant came to be summoned under Sections 498A, 323 IPC read with Section 3/4 of the D.P. Act. 4. Learned counsel for the applicant has submitted that the entire allegations contained in the complaint are totally incorrect false and nothing but abuse of process of law particularly for the reason being that at no point of time demand of dowry was made. Further there had been no attempt in the remotest dream to assault and to commit marpeet and to maltreat the opposite party no.2 and whatever instances have been given they are imaginary with an ulterior motive just to abuse the process of law. He further submits that even the opposite party no.2 attacked him, the applicant lodged first information report under Sections 307, 379, 323, 504, 506, 427, 328 IPC being FIR No.0526 of 2023 in which charge sheet has been submitted against the opposite party no.2 followed by another FIR on 17.10.2023 bearing no.0471 under Section 318(4) of the B.N.S. with respect to the forged against the officials of the Arya Samaj. He has further submitted that on the basis of a tailormade statements the applicant has been submitted without recording any prima facie satisfaction as on the contrary a demand has been made from the applicant itself. 5. Learned AGA on the other hand submits that there are no material contradictions in the allegations contained in the offence vis-a-vis the statements under Section 200 and 202 Cr.P.C. 6. Having heard the submissions so made across the bar and perused the record carefully. The sole question which arises for determination is the extent of judicial intervention. Apparently the complaint alleges demand of dowry assaulting, beating and maltreatment at the ends of the applicant and the family members since a demand of dowry was not being satisfied. Specific instances have been giving the date also, 6.10.2023 etc. The question as to whether the allegations are correct or false are matter of trials as this Court at this stage is not required to enter into the merits of the allegations, what would be relevant is the fact whether the case is triable after having the prima facie view over the statements made under Sections 200 or 202 Cr.P.C. vis-a- vis the allegations in the complaint. In case there are no material contradictions then obviously the courts would be reluctant to interfere. Applying the said principles of law in the present facts of the case, Court finds that there are prima facie no material contradictions or variations so as to thoroughly overrule the attraction, moreover the case becomes triable. 7. As regards the submissions of the learned counsel for the applicant is that he has lodged two FIRs is concerned the same are the matters of defences consideration whereof would be necessitated when raise in trial. 8. Accordingly, interference is declined. The application stands disposed of leaving it open to the applicant to raise all legal and factual issues before the court below while contesting the trial and this Court has no reasons to disbelieve that the same shall be considered in accordance with law. Order Date :- 11.8.2025 piyush Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad