HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 34153 of 2025 Court No. - 75 HON'BLE VIKAS BUDHWAR, J. 1. Heard Sri Rajeet Kumar Mishra, learned counsel for the applicants as well as Sri J.P. Gupta, learned AGA for the State/opposite party no.1. 2. This application under Section 528 of the B.N.S.S. has been filed by the applicants for quashing the summoning order dt.25.10.2024 and Bailable-Warrant +Rs.25000/- dt. 04.03.2025, 18.03.2025, 07.05.2025 & 23.06.2025 passed by Additional Chief Judicial Magistrate Court-05, Etawah in complaint case no.277 of 2023; Preeti Singh Vs. Dharmendra Pratap Singh & ors under sections 323, 504, 506, 498A I.P.C. & 3/4 D.P. Act, P.S. Ikdil, Etawah. 3. The case of the applicants is that the applicants happened to be husband, mother-in-law, Jeth, Jethani and Devars, a complaint came to be filed by the opposite party no.2 on 16.10.2023 against the applicants, with an allegation that the marriage of the opposite party no.2 stood solemnized with the applicant no.1 on 25.5.2015 on account of non fulfilment of the demand of the dowry despite the fact that huge expenditure was incurred and gifts cash of Rs.7,00,000/-, motorcycle and other household articles gold and silver were also given however the applicants were not happy with the said offerings as their demand was much more being a car and Rs.5,00,000/- pursuant whereto the applicants were meted to maltreatment and she was assaulted on 9.9.2022 along with her baby and thereafter Panchayat was convened and on 30.7.2023 at 11.45 and the opposite party no.2 reached to her matrimonial house, Versus Counsel for Applicant(s) : Ranjeet Kumar Mishra Counsel for Opposite Party(s) : G.A. Dharmendra Pratap Singh Alias Guddu And 4 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) wherein again she was assaulted. A complaint was lodged to the S.S.P. on 2.8.2023 and to the Senior Superintendent of Police on 10.10.2023 and a complaint was lodged on 16.10.2023. Post recording of the statements of opposite party no.2, under Section 200 Cr.P.C. along with one Ram Prakash under Section 202 Cr.P.C. and Pramod Kumar on 25.10.2024 the applicants have been summoned under Sections 323, 504, 506, 498A IPC and 3/4 of the D.P. Act. 4. Learned counsel for the applicants has submitted that the summoning order cannot be sustained as the entire allegations are nothing but bundle of lies just in order to implicate and rope in the applicants. He has further submitted that applicants had no point of time had demanded dowry and further though the applicants have been summoned under Sections 323, 504, 506, 498A IPC and 3/4 of the D.P. Act but there are no injury report available on record as barring omnibus and bald allegation and there are no specific allegations and on the basis of the statements under Sections 200 and 202 Cr.P.C. the court below has summoned the applicants without recording any prima facie satisfaction with respect to attraction of the penal sections. 5. 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 26.9.2025. 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 NA528 No. 34153 of 2025 2 against the applicants with respect to the complaint case no.277 of 2023 Preeti Singh Vs. Dharmendra Pratap Singh & ors under sections 323, 504, 506, 498A I P.C. & 34 D.P. Act, P.S. Ekdil, Etawah. 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 9, 2025 piyush NA528 No. 34153 of 2025 3 (Vikas Budhwar,J.) Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad