HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 34347 of 2025 Court No. - 75 HON'BLE VIKAS BUDHWAR, J. 1. Heard Sri Samrat Vikram Singh, learned counsel for the applicants as well as Sri Vikas Sharma, learned State Law Officer for the State. 2. This is an application under Section 528 of BNSS preferred by the applicant for quashing the entire proceedings of complaint case number 7398 of 2016 (Renu Sharma @ Anju Rahul Sharma) and summoning order dated 09.01.2019 passed by Civil Judge (Junior V. Division) F.T.C./ C.A.W. Fatehpur District Fatehpur under Section 498-A, 323 Indian Penal Code and Section 3/4 Dowry Prohibition Act Police Station Kotwali District Fatehpur. 3. The case of the applicants is that proceedings under Section 156(3) Cr.P.C. came to be lodged by the opposite party no.2 wife on 28.4.2016 against the applicants, who are husband, father-in-law and mother-in-law with an allegation that the marriage of the O.P. No.2 stood solemnized with husband on 22.2.2015 and at the time of the marriage several gifts were offered by opposite party no.2 was subjected to maltreatment, assaulted on account of the non offerings of the additional gifts and thus on 9.1.2019 the applicant came to be summoned under Sections 498-A, 323 IPC and Section 3/4 of the D.P. Act. 4. Learned counsel for the applicants has submitted that in the proceedings under Section 13-B of the Hindu Marriage Act in Case No.100 of 2017, Rahul Sharma vs. Smt. Renu Sharma the marriage stood dissoloved and there is a recital that the parties shall withdraw the respective cases which Versus Counsel for Applicant(s) : Brajesh Kumar Solanki, Samrat Vikram Singh Counsel for Opposite Party(s) : G.A. Rahul Sharma @ Vineet Kumar And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) have not been referred till date. He has further submitted that due to said aspect however submitted that the opposite party no.2 is herself not participating in the proceedings and dates have only been fixed. Learned counsel for the applicants as per the instructions, submits that the applicants shall be preferring discharge application seeking discharge. 5. Learned State Law Officer has no objection to same. 6. 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 9.10.2025. On the receipt of the said motion, the court below shall decide the discharge application. 7 Till the disposal of discharge application, no coercive action be taken against the applicants with respect to the further proceeding of Complaint case no. 38 of 2024 (Dharmpal Singh Vs. Sudesh Kumar Sharma @ Bittoo Sharma) under section 138 N.I. Act Police Station Sadar Bazar, District Agra as well as impugned summoning order dated 20.2.2025 passed by learned Addl. Chief Judicial Magistrate Court no. 7, Agra whereby the learned Addl. Chief Judicial Magistrate Court no. 7, Agra. 8. 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 10, 2025 piyush NA528 No. 34347 of 2025 2 (Vikas Budhwar,J.) Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad