...Neutral Citation No. - 2025:AHC:139223 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 29908 of 2025 Applicant :- Sabir And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Praveen Kumar Dubey Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Praveen Kumar Dubey, learned counsel for the applicants and Sri Vikas Sharma, learned State Law Officer for the State. 2. This is an application filed under Section 528 of the B.N.S.S. for quashing the entire proceedings of Complaint Case No.538 of 2024 (Smt. Saba Vs. Sabir and others), under Sections 498-A, 323, 506 IPC and Sections 3/4 of the Dowry Prohibition Act, 1961, Police Station-Charkhari, District-Mahoba, presently pending in the Court of the learned Civil Judge (Junior Division)/Judicial Magistrate, Charkhari, District-Mahoba as well as summoning order dated 25.3.2025 (Annexure No.1 to the accompanying affidavit) passed by the learned Civil Judge (Junior Division)/Judicial Magistrate, Charkhari, District-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 applicant on 22.2.2024 with an allegation that the marriage of the applicant no.1 stood solemnized with the opposite party no.2 and the applicants herein are husband, father-in-law and mother-in-law though with the marriage huge expectations were incurred and gifts were also offered but the applicants were not happy and satisfied with the gifts so offered, as according to them the gifts were negligible and not upto the status and a demand of two lacs cash was also made. The allegation is that on 26.1.2024 the applicants herein joined together and since the demand was not fulfiled so they got injury, assaulted and a complaint came to be lodged on 9.2.2024. Post recording of the statement under Section 200 Cr.P.C. and 202 Cr.P.C. the applicant came to be summoned under Sections 498-A, 323, 506 IPC and Sections 3/4 of the Dowry Prohibition Act, 1961. 4. Learned counsel for the applicants has submitted that the summoning order cannot be sustained for the simple reason that only general and omnibus allegations sought to be levelled without there being any specific allegations and at no point of time the applicants had demanded dowry or assaulted or maltreated the opposite party no.2. He has also submitted that even on her sweet will the opposite party no.2 had left the matrimonial house thus proceedings under Section 9 of the Restitution of Conjugal Rights came to be preferred before the court of Principal Judge, Family Court, Jhansi in Case No.219 of 2021 in which an ex parte decree was passed on 29.9.2023 and further proceedings under Section 145 Cr.P.C. came to be lodged by the opposite party no.2 against the applicant being Case No.6 of 2020 which came to be dismissed on 3.11.2023. 5. Submission is that the statements so made are tailormade just in order to suits and to tilt the circumstances in favour of the opposite party no.2. Further submission is that the applicants as per instructions received from his client shall be filing a discharge application. 6. Learned A.G.A. on the other hand submits that a perusal of the statement under Sections 200 and 202 of CrPC vis-a-vis the nature of the complaint show that there has been no material contradictions or variations which goes to the root of the matter. However, he submits that he has no objection if the applicant prefers an application of discharge. 7. I have heard the submissions so made across the Bar and perused the record carefully. 8. Looking into the nature of the allegations and the stand taken by parties without going into the merits of the matter, the application stands disposed of directing the applicant to submit discharge application by 4.09.2025. On the said motion, the court below shall decide the said application with most expedition. 9. Till the discharge application is decided, no coercive action shall be taken against the applicants with respect to the Complaint Case No.538 of 2024 (Smt. Saba Vs. Sabir and others), under Sections 498-A, 323, 506 IPC and Sections 3/4 of the Dowry Prohibition Act, 1961, Police Station-Charkhari, District-Mahoba, presently pending in the Court of the learned Civil Judge (Junior Division)/Judicial Magistrate, Charkhari, District-Mahoba. 10. 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 :- 14.8.2025 piyush Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad