Neutral Citation No. - 2025:AHC:142083 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 30470 of 2025 Applicant :- Geeta Devi And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Man Bahadur Singh,Manoj Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Man Bahadur Singh, learned counsel for the applicants and Sri Moti Lal, learned A.G.A. for the State. 2. This is an application under Section 528 of BNSS preferred by the applicants for quashing the summoning order dated 27.05.2025 passed by Civil Judge (Junior Division)/F.T.C.-2nd, Ballia as well as entire criminal proceeding of Case No. 5298 of 2023 (Madhu Gupta Vs. Anoop Kumar Gupta and others), U/s 498-A, 323, 504 & 506 I.P.C. and Section 3/4 D.P. Act, Police Station Garwar, District Ballia, now pending in the court of Learned Civil Judge (Junior Division)/F.T.C.-2nd, Ballia and all consequential proceedings thereon. 3. Learned counsel for the applicant has submitted that proceedings under Section 156(3) of CrPC came to be lodged by the O.P. no.2/ wife on 18.08.2023 against the applicants, who happen to be mother-in-law, cousin mother-in-law and sister-in- law. The marriage of the O.P. No.2 stood solemnized with one Anoop Kumar Gupta on 15.12.2018. The allegation is that in the marriage expenditure worth Rs.5,00,000/- was incurred and several gifts were also offered, but the applicants were not satisfied with the gifts and expenditure so incurred in the marriage, however, their expectation was for more being Rs.2,00,000/- and a four-wheeler. Allegation is that the applicants used to assault, maltreat and hurl abuses to the O.P. No.2. Further allegation is that O.P. No.2 was thrown out of her matrimonial house on 19.04.2023. Post recording of the statement of O.P. No.2 under Section 200 CrPC followed by statement under Sections 202 CrPC of Jitendra Kumar Gupta and Raghunath Gupta, the applicant herein has been summoned on 27.05.2025 under Sections 323, 498-A, 504, 506 IPC read with Section 3/4 of D.P. Act. 4. Learned counsel for the applicants has submitted that the summoning order cannot be sustained for the simple reason that the entire allegations contained in the complaint are nothing but a bundle of lies, which have got no nexus with the reality. Submission is that only general and omnibus allegations have been leveled. Further allegation is that it is highly improbable and inconceivable for a prudent person to imagine that post-birth of the child, which born out of their wedlock, the demand would have been made. Submission is that the applicant has been falsely implicated and the statements of the prosecution witnesses under Sections 200 and 202 of CrPC are tailormade just in order to suit the circumstances and tilt it in favour of O.P. No.2 and the court below without recording any prima facie satisfaction, regarding the attraction of the penal sections has summoned the applicants in a routine manner. Learned counsel for the applicants further as per the instructions submits that the applicant shall be filing a discharge application. 5. Learned A.G.A. as well as learned counsel for O.P. No.2 on the other hand submit that perusal of the allegations in the complaint, vis-a-vis the statements under Sections 200 and 202 of CrPC, nowhere show that there is any material contradiction or variation, which goes to the root of the matter which makes the case triable, however, he submits that once the applicants seek to file discharge application, he has no objection. 6. Considering the submissions so made across the Bar and looking into the nature of allegations and stands of the parties, the application is disposed of directing the applicants to file the proceedings by way of discharge application by 26.09.2025 and this Court has no reason to disbelieve that the court below shall decide the same with most expedition. 7. Till the discharge application is decided, no coercive action shall be taken against the applicants with respect to summoning order dated 27.05.2025 passed by Civil Judge (Junior Division)/F.T.C.- 2nd, Ballia as well as entire criminal proceeding of Case No. 5298 of 2023 (Madhu Gupta Vs. Anoop Kumar Gupta and others), U/s 498-A, 323, 504 & 506 I.P.C. and Section 3/4 D.P. Act, Police Station Garwar, District Ballia, pending in the court of Learned Civil Judge (Junior Division)/F.T.C.-2nd, Ballia. 8. The protection accorded to the applicants 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 :- 20.8.2025 N.S.Rathour (Vikas Budhwar, J) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad