HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 36169 of 2025 Court No. - 75 HON'BLE VIKAS BUDHWAR, J. 1. Heard Sri S.S. Maurya, 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 17/03/2023 passed in complaint case no. 146/2022 as well as entire proceeding in Complainant Case no. 146/2022, under Section 3/4 D.P.Act, P.S.- Kotwali City, District- Mirzapur, pending before the court of Civil Judge (Junior Division)/ F.T.C.(offence against women), Mirzapur, District Mirzapur. 3. The case of the applicants is that the proceedings under Section 156(3) CrPC was lodged by O.P. No.2 on 31.03.2022 against the applicants with an allegation that the marriage of the O.P. No.2 stood solemnized with one Sohrab @ Sameer, three years prior to lodging of the complaint. At the time of marriage, several gifts were offered, however, demand of dowry and gifts were demanded to the tune of Rs.5,00,000/- and a motorcycle, pursuant whereto the applicants kept on assaulting the O.P. No.2. It is further contended that post-recording of the statement of O.P. No.2 under Section 200 of CrPC followed by statement of Ravi Sonkar and Shahnaaz under Section 202 of CrPC, the applicant came to be summoned under Section 3/4 of D.P. Act on 17.03.2023. 4. Questioning the summoning order, the present application has been preferred. Versus Counsel for Applicant(s) : Nilesh Kumar Dubey, Shashi Shekhar Maurya Counsel for Opposite Party(s) : G.A. Rubi @ Rahnuma Bano And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 5. 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. There is no date mentioned with regard to the demand of dowry. It is also further contended that in the statement under Section 200 of CrPC only this much has been averred- "meri sari nanaden aur devar bhi dahej mangti hain". Submission is that the said allegations are general and omnibus and they cannot partake the character of demand of dowry, particularly when there is nothing on record to substantiate that any demand of dowry was sought to be made. It is contended that the applicants are nanads (sister-in-law), thus they are entitled to the benefits of Geeta Mehrotra Vs. State of U.P. and others reported in 2012 (10) ADJ 464. It is further contended that 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. 6. 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. 7. 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 16.10.2025 and this Court has no reason to disbelieve that the court below shall decide the same with most expedition. 8. Till the discharge application is decided, no coercive action shall be taken against the applicants with respect to the summoning order dated 17/03/2023 passed in complaint case no. 146/2022 as well as entire proceeding in Complainant Case no. 146/2022, under Section 3/4 D.P.Act, P.S.- Kotwali NA528 No. 36169 of 2025 2 City, District- Mirzapur, pending before the court of Civil Judge (Junior Division)/ F.T.C.(offence against women), Mirzapur, District Mirzapur. 9. 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. September 19, 2025 N.S.Rathour NA528 No. 36169 of 2025 3 (Vikas Budhwar,J.) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad