HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 32975 of 2025 Court No. - 75 HON'BLE VIKAS BUDHWAR, J. 1. Supplementary affidavit filed today is taken on record. 2. Heard Sri Ajay Kumar Giri, learned counsel for the applicants as well as Sri Pankaj Kumar Rai, learned State Law Officer for the State. 3. This is an application under Section 528 of BNSS preferred by the applicants for quashing the entire Criminal Proceeding of Complaint Case No. 13026 of 2023 as well as the summoning order dated 20.01.2024 (Rinky @ Ram Sakhi Versus Pushpendra Kumar and others) Under Sections 323, 504 I.P.C. and Section 4 D.P. Act Police Station Manglapur, District Kanpur Dehat, which is pending in the Court of Additional Chief Judicial Magistrate I Kanpur Dehat. 4. The case of the applicants is that proceedings under Section 156(3) of the Cr.P.C. came to be lodged by the opposite party No. 2 against the applicants on 2.5.2023 being husband, father-in-law, mother-in-law, brother-in-law with an allegation that the marriage of the opposite party No.2 stood solemnized with the applicant no.1 on 24.6.2019, allegation is that in the marriage, several gifts and huge expenditures were incurred but the applicants were not happy with the said gifts, as the demand was for Rs. 3,00,000/- in cash and a motorcycle and post a ceremony which is to be performed after marriage, the applicants, abuses were hurled, threatening was made and even constant demand was made of the additional dowry and further, the father of the opposite party No.2 was Versus Counsel for Applicant(s) : Ajay Kumar Giri, Surendra Kumar, Vinda Giri Counsel for Opposite Party(s) : G.A. Pushpendra Kumar And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) also assaulted while abuses were hurled and it is also alleged that the permission to enter in the matrimonial house was only given subject to fulfillment of the demand. The proceedings under Section 156(3) Cr.P.C. came to be transformed into a complaint and post recording of the statement of the opposite party No. 2 under Section 200 Cr.P.C., Virendra Singh and Arvind Singh under Section 202 Cr.P.C.,the applicant came to be summoned under Sections 323, 504 IPC read with Section 4 of the D.P. Act on 20.1.2024. 5. Learned counsel for the applicants submits that the summoning order cannot be sustained even for a single moment. Elaborating the said submission, it is contended that only false and frivolous allegations have been levelled without giving any nexus to reality. He further submits that on 5.7.2019, a first information report came to be lodged by the ap pplicant No.1 against the opposite party No.2 and their relatives/faction, the FIR No. 0238 under Sections 506, 406, 420 IPC. and further proceedings under Section 12(1) of the Hindu Marriage Act was also instituted, which resulted in an ex party decree on 14.05.2024. 6. Contention of the learned counsel for the applicants is that it is the opposite party No.2, who is staying in her maternal house, on her own sweet wish and further there has been no assault. Further contention is that there is no injury report available on record, so as to suggest that any offences under Section 323 IPC are made out. It is also contended that the statements of the witnesses are tailormade, just in order to suit the case of the prosecution and the court below, without recording any prima facie satisfaction as summoned the applicant. Learned counsel for the applicant s, as per the instructions received from the client submits that the applicant shall be filing discharge application seeking discharge. 7. Learned State Law Officer on the other hand submits that whatever might be, there happens to be allegations in the complaint at the same stands supported by the statements under Sections 200 and 202 Cr.P.C. and merely because there happens to be certain proceedings lodged by the applicants and a decree passed under Section 12(1) of the Hindu Marriage Act, the same move may be addressed defence consideration whereof could be required when the trial commences. He has no objection to the NA528 No. 32975 of 2025 2 fact that the applicants shall file a discharge application. 8. Considering the submissions so made across the bar and after perusing the record as well as the stand taken by the respective parties and the nature of the allegations sought to be levelled without entering into the merits, the application stands disposed of directing the applicants to submit a discharge application by 10.10.2025 to take all legal and factual grounds which are advisable and permissible under law and on the said motion, the court below shall decide the discharge application with most expedition strictly in accordance with law. 9. Till the disposal of discharge application, no coercive action be taken against the applicants with respect to the further proceedings of the entire Criminal Proceeding of Complaint Case No. 3 of 2023 as well as the summoning order dated 20.01.2024 (Rinky@ Ram Sakhi Versus Pushpendra Kumar and others) Under Sections 323, 504 I.P.C. and Section 4 D.P. Act Police Station Manglapur, District Kanpur Dehat, which is pending in the Court of Additional Chief Judicial Magistrate I Kanpur Dehat. 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. September 12, 2025 piyush NA528 No. 32975 of 2025 3 (Vikas Budhwar,J.) Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad