HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 33612 of 2025 Court No. - 75 HON'BLE VIKAS BUDHWAR, J. 1. Supplementary affidavit filed today is taken on record. 2. Heard Sri Surendra Bahadur Singh, learned counsel for the applicants as well as Sri Ram Awadh Maurya, learned State Law Officer for the State. 3. This is an application under Section 528 of BNSS preferred by the applicant for quashing the summoning order dated 11.06.2025 in Complaint Case No. 1828 of 2023 (Radhika Vs. Manish and others) Under Sections- 498A, 323, 504, 506 I.P.C. & 3/4 D.P. Act, Police Station-Madiyahun, District-Jaunpur passed by Additional Chief Judicial Magistrate 1st, Court No. 12, Jaunpur. 4. The case of the applicants is that complaint stood lodged by the opposite party no.2 wife on 19.9.2023 against the applicants, who are husband, father- in-law and mother-in-law with an allegation that allegation is that the marriage of the O.P. No.2 stood solemnized with applicant no.1 on 7.11.2014. In the marriage several gifts and huge expenditures were incurred but the applicants were not happy with the gifts so offered as the demand was much more and with the wedlock of the opposite party no.2 and the applicant no.1 a baby was born on 18.8.2025 and another baby on 30.7.2019 however on account of non fulfillment of the additional demand of dowry the opposite party no.2 was thrown out to her matrimonial house. Post recording of the statements of the complainant under Section 200 Cr.P.C. Versus Counsel for Applicant(s) : Kapoor Chandra Bhartiya, Rishikesh Kumar Maurya, Surendra Bahadur Singh Counsel for Opposite Party(s) : G.A. Manish And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) followed by of Manoj Kumar, Kripashankar Maurya under Section 202 Cr.P.C. the applicant came to be summoned on 11.6.2015, under Sections 498A, 323, 504, 506 IPC & 3/4 D.P. Act. 5. Learned counsel for the applicants has submitted that the summoning order cannot be sustained. He has further submitted that the present proceeding is nothing but a counterblast as already a first information report had been lodged against the family members of the opposite party no.2 being FIR No.0128 of 2024, under Sections 131, 118(1) & 351 of the B.N.S. pursuant whereto a charge sheet has been submitted. He has also submitted that on the basis of the general and omnibus allegations the applicants have been summoned even in the statement of the opposite party no.2 there is no recital about the dates and the incident when the applicants demanding additional dowry and further on the basis of omnibus and general allegations, the applicants have been summoned. Learned counsel for the applicants as per the instructions, submits that the applicants shall be preferring discharge application seeking discharge. 6. Learned A.G.A. on the other hand submits that from the perusal of the complaint vis-a-vis the statements under Sections 200 and 202 CrPC, prima facie, there are no material contradictions or variations. Merely because applicants happen to be father-in-law, mother-in-law and sister-in-law, it would not absolve the possibility of commission of crime, particularly when each and every case depends on its own facts, however, according to him, it is always open for the applicants to avail the remedy of filing discharge application. 7. Considering the submissions so made across the Bar and after perusing the record, and looking into the over all facts situation, stand taken by the applicants as well as the nature of the allegations, without entering into the merits, the application stands disposed of directing the applicants to submit a discharge application by 09.10.2025. On the receipt of the said motion, the court below shall decide the discharge application. 8. Till the disposal of discharge application, no coercive action be taken against the applicants with respect to the Complaint Case No. 1828 of 2023 (Radhika Vs. Manish and others) Under Section 498A, 323, 504, 506 I.P.C. & 4 D.P.Act, Police Station-Madiyahun, District-Jaunpur, pending before NA528 No. 33612 of 2025 2 Additional Chief Judicial Magistrate 1st, Court No.12, Jaunpur. 9. 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 15, 2025 piyush NA528 No. 33612 of 2025 3 (Vikas Budhwar,J.) Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad