HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 34453 of 2025 Court No. - 75 HON'BLE VIKAS BUDHWAR, J. 1. Heard Sri Neeraj Srivastava, learned counsel for the applicants and Sri Abhishek Tripathi, 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 22.08.2024 passed by learned Additional Chief Judicial Magistrate Court No.2, Mathura as well as whole proceeding of Case No. 2264 of 2024 (Dwarika Vs. Shree Singh @ Shree Chandra and others) under Section 498A I.P.C. and 3/4 D.P. Act, Police Station- Highway, District- Mathura. 3. The case of the applicant is that on 06.02.2024, a complaint stood lodged against the applicants under Sections 498-A, 323, 354, 506 IPC read with Section 3/4 of D.P. Act by the O.P. No.2, with an allegation that the applicants, who happens to be father-in-law, mother-in-law and the husband of the second daughter of O.P. No.2, Rachna, whose marriage stood solemnized with applicant no.3 on 17.02.2018 was being assaulted despite the fact that in the marriage, a four-wheeler along with other household items also offered as gift, but the applicants were not happy with the same as their demand was for Rs.20,00,000/- /200 Sq. Mtr. plot. It is also contended that on 24.04.2023, the daughter of O.P. No.2 was assaulted, a complaint was lodged before the police station on 04.12.2023 for lodging of the complaint. Post recording of the statement of O.P. No.2 under Section 200 of CrPC followed by statement of Rachna under Section 202 of CrPC, the applicants came to be summoned under Section 498-A of IPC and section Versus Counsel for Applicant(s) : Neeraj Srivastava, Pankaj Srivastava Counsel for Opposite Party(s) : G.A. Shree Singh @ Shree Chandra And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 3/4 of D.P. Act on 22.08.2024. 4. Questioning the summoning order, the present application has been preferred. 5. Learned counsel for the applicants has submitted that the summoning order cannot be sustained for the simple reason that prior to it, the applicant no.1 had lodged a complaint against the O.P. No.2 being Complaint Case No.48882/2022 for the offences under Section 406, 420, 504, 506, 120-B IPC, in which on 26.10.2023, summoning order came to be passed under Section 406 and 506 IPC. Submission is that the present complaint is nothing but a counterblast and a retaliation. It is also contended that only omnibus, general and bald allegations have been made and there is nothing on record to substantiate barring one date that the daughter of O.P. No.2 was assaulted. It is 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 summoning order dated 22.08.2024 passed by learned Additional Chief Judicial Magistrate Court No.2, Mathura as well as whole proceeding of Case No. 2264 of 2024 (Dwarika Vs. Shree NA528 No. 34453 of 2025 2 Singh @ Shree Chandra and others) under Section 498A I.P.C. and 3/4 D.P. Act, Police Station- Highway, District- Mathura. 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 24, 2025 N.S.Rathour NA528 No. 34453 of 2025 3 (Vikas Budhwar,J.) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad