HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 36204 of 2025 Court No. - 75 HON'BLE VIKAS BUDHWAR, J. 1. Heard Sri D.K. Mishra, learned counsel for the applicants and Sri Moti Lal, learned A.G.A. for the State. 2. This is an application under Section 528 of BNSS preferred by the applicants for quashing the entire criminal proceeding against the applicants arising out of Complaint Case No.39552 of 2023 Smt. Sanjana Kumari Versus Anil and others, under Sections 498-A, 323 I.P.C. and 3/4 Dowry Prohibition Act, Police Station Mahila Thana, District Aligarh, pending in the court of learned Judicial Magistrate/Civil Judge (Junior Division) FTC. 01 Aligarh, as well as to quash the summoning order dated 10.6.2024 contained as (Annexure-No.4) to this affidavit, issued by Learned Judicial Magistrate/Civil Judge (Junior Division) FTC. 01 Aligarh, in the aforesaid complaint case, and to quash the bailable warrant dated 3.7.2025. 3. The case of the applicant is that proceedings under Section 156(3) CrPC was lodged by O.P. No.2 on 20.05.2023 against the applicants, who are devar, chachia sasur and nandoi with the allegation that the marriage of the O.P. No.2 stood solemnized with Anil on 15.06.2020 and in the marriage, huge expenditure was incurred, however, the applicants and their family members were not happy with the same, as their demanded was much more being a motorcycle and Rs.1,00,000/- cash. Further allegation is that on 09.06.2022, the husband of O.P. no.2 along with other family members committed assault, a complaint was lodged on 21.02.2023 before the Police Station- Mahila Thana and S.H.O. on 25.02.2023 and post-recording of the statement of O.P. No.2 under Section 200 of CrPC followed by statement of Versus Counsel for Applicant(s) : Dharmendra Kumar Mishra Counsel for Opposite Party(s) : G.A. Kapil And 4 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) Banwari Lal under Section 202 CrPC, the applicants came to be summoned under Sections 498-A, 323 IPC read with Section 3/4 of D.P. Act. 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. There is no date mentioned with regard to the demand of dowry and further so far as the allegation with regard to Section 323 IPC is concerned, there is no injury report. It is also 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 proceeding arising out of Complaint Case No.39552 of 2023 Smt. Sanjana Kumari Versus Anil and others, under Sections 498-A, 323 I.P.C. and 3/4 Dowry Prohibition Act, Police Station Mahila Thana, District Aligarh, pending in the court of learned Judicial Magistrate/Civil Judge (Junior Division) FTC. 01 Aligarh, as well as the summoning order dated 10.6.2024 contained as (Annexure-No.4) to this NA528 No. 36204 of 2025 2 affidavit, issued by Learned Judicial Magistrate/Civil Judge (Junior Division) FTC. 01 Aligarh, in the aforesaid complaint case, and the bailable warrant dated 3.7.2025. 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 19, 2025 N.S.Rathour NA528 No. 36204 of 2025 3 (Vikas Budhwar,J.) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad