HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 34296 of 2025 Court No. - 75 HON'BLE VIKAS BUDHWAR, J. 1. Heard Sri R.P. Mishra, learned counsel for the applicants and Sri K.K. Vishwakarma, learned A.G.A. for the State. 2. This is an application under Section 528 of BNSS preferred by the applicants for quashing the impugned summoning order dated 11.08.2025 as well as further proceeding of Complaint Case No. 7748/2023 U/S 323,506 I.P.C read with 3/4 D.P. Act, Police Station- Kotwali Khalilabad, District- Sant Kabir Nagar, State Vs. Irfanul Haq and others, pending in the court of Civil Judge (J.D.) F.T.C. (Ind) J.M. District- Sant Kabir Nagar. 3. The case of the applicant is that the O.P. No.2 had lodged a complaint on 08.05.2023 against the applicants, who happen to be husband, father-in-law, mother-in-law, jeth, devar and nanad with the allegation that marriage of O.P. No.2 was solemnized with applicant no.1 on 02.12.2020, however at the time of the marriage, huge expenditure was incurred and gold ornaments and Rs.2,00,000/- cash were also given along with other items, but the applicants were not happy with the same and as their demand was much more and from the wedlock of applicant no.1 and O.P. No.2, on 20.10.2021, a baby was born and on 22.10.2022 on account of non-fulfilment of demand, the O.P. No.2 was thrown out of her matrimonial house and her stridhan and valuables were taken away. Post recording of the statement of O.P. No.2/complainant under Section 200 of CrPC followed by Izhar Ahmad and Afsana Khatoon under Section 202 CrPC, the applicants came to be summoned under Section 323, 506 IPC read with Section 3/4 of D.P. Act on Versus Counsel for Applicant(s) : Avneesh Tripathi, Raghwendra Prasad Mishra Counsel for Opposite Party(s) : G.A. Irfanul Haq And 10 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 11.08.2025. 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 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. It is submitted that no date and time has been mentioned with regard to the demand of dowry. Further there is no iota of evidence to suggest that any demand of dowry was made and though the applicant came to be summoned under Section 323 of IPC, but there is no injury report available on record. It is further submitted 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 26.09.2025 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 11.08.2025 as well as further proceeding of Complaint Case No. 7748/2023 U/S 323,506 I.P.C read with 3/4 D.P. Act, Police Station- Kotwali Khalilabad, District- NA528 No. 34296 of 2025 2 Sant Kabir Nagar, State Vs. Irfanul Haq and others, pending in the court of Civil Judge (J.D.) F.T.C. (Ind) J.M. District- Sant Kabir Nagar. 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 10, 2025 N.S.Rathour NA528 No. 34296 of 2025 3 (Vikas Budhwar,J.) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad