Neutral Citation No. - 2025:AHC:144455 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 30952 of 2025 Applicant :- Naveen Kumar And 5 Others Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Ajay Dubey Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Shambhu Mani Tripathi (AoR No.0698/2015) holding brief of Sri Ajay Dubey, 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 order dated 27-7-2023 passed by Addl. Session Judge Court No. 20 Agra in Cr. Revision no. 526 of 2022 and summoning order dated 11-7-2025 as well as entire Proceeding of complaint case no. 10555 of 2021 under section 498A, 323 of I.P.C., and 3/4 of Dowry Prohibition Act P.S.- Jagdishpura District- Agra Pending in the court of Addl. Chief Judicial Magistrate Court No. 10 Agra. 3. The case of the applicant is that proceedings under Section 156(3) CrPC stood initiated by O.P. No.2 against the applicants on 03.10.2021 for the offences under Sections 498-A, 323, 504, 506 IPC read with Section 3/4 of D.P. Act with an allegation that the marriage of the applicant no.1 stood solemnized with O.P. No.3 (daughter of O.P. No.2) on 07.12.2019. It is alleged that the applicants who are husband, mother-in-law, father-in-law, Jethani, brothers-in-law were not happy with the gifts and expenditures so incurred in the marriage, as according to then a four-wheeler and certain amount of cash was to be gifted. Allegation is that the O.P. No.3 was assaulted and she had to go to her maternal house, thereafter, the parents came to the house of the inlaws and tried to pacify the thing, but on 03.07.2021 again the O.P. No.3 was assaulted and beaten. Post recording of the statement of O.P. No.2 under Section 200 of CrPC followed by statement of O.P. No.3/wife, Upendra Singh, the applicant no.1/husband came to be summoned on 29.07.2022 under Section 498-A IPC read with Section 3/4 of D.P. Act, against which O.P. No.2/complainant preferred a Criminal Revision No.526 of 2022, Mulayam Singh vs. State of U.P. in which the order dated 19.07.2022 was set aside, matter was remitted back and thereafter now on 11.07.2025, the applicants had been summoned. 4. 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. Though applicants had been summoned under Section 323 IPC, but there are no injury report available on record. He submits that there are no instances in the complaint regarding the date on which the demand of dowry. Even the statements made under Sections 200 and 202 of CrPC are tailormade just in order to suit the circumstances 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. 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 of BNSS, 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 05.09.2025 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 11-7-2025 as well as in proceeding of Complaint Case no. 10555 of 2021, under Sections 498A, 323 of I.P.C., and 3/4 of Dowry Prohibition Act P.S.- Jagdishpura District- Agra pending in the court of Addl. Chief Judicial Magistrate Court No. 10 Agra. 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 :- 22.8.2025 N.S.Rathour (Vikas Budhwar, J) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad