HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 35004 of 2025 Court No. - 75 HON'BLE VIKAS BUDHWAR, J. 1. On the oral request of learned counsel for the applicants, he is permitted to make necessary corrections in the supplementary affidavit, which is filed today and taken on record. 2. Heard Dr. Kamlesh Kumar, learned counsel for the applicants and Sri K.K. Vishwakarma, learned A.G.A. for the State. 3. This is an application under Section 528 of BNSS preferred by the applicants for quashing the entire proceedings including the summoning order Dated 09.07.2024 passed by Judicial Magistrate, Amroha in Complaint Case No. 1097 of 2024 (Jyoti Vs. Jagmohan and others) Under Section 498- A, 323 I.P.C. and Section 4 of D.P. Act, Police Station -Hasanpur, District- Amroha. 4.The case of the applicant is that a complaint was lodged by O.P. No.2 on 01.04.2024 against the applicants, who happened to be husband, father-in- law, jeth, devrani, devrani, nandoi and nanad. Allegation is that the marriage of the O.P. No.2 stood solemnized with applicant no.1 on 03.05.2023. It is alleged that at the time of the marriage, huge expenditure was incurred and gifts were offered, but the applicants were not happy with the same, as their demand was much more being a motorcycle and Rs.1,00,000/- cash and on account of non-satisfaction of the said demand, the O.P. No.2 was thrown out of her matrimonial house on 15.03.2024 and on 17.03.2024, the applicants came to the house of the O.P. No.2 and thereafter, when pressure was being exerted to take away the O.P. No.2, then Versus Counsel for Applicant(s) : Dr. Kamlesh Kumar, Rakesh Kumar Counsel for Opposite Party(s) : G.A. Jagmohan And 7 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) they started assaulting and hurling abuses and demand of a motorcycle and Rs.1,00,000/- cash was made. Post-lodging of the complaint, statement of the complainant/O.P. No.2 under Section 200 of CrPC followed by statement of Phoolwati and Laxmi under Section 202 CrPC was recorded and the applicant came to be summoned on 09.07.2024 under Sections 498- A, 323 IPC read with Section 4 of the D.P. Act. 5. Questioning the summoning order, the present application has been preferred. 6. 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. Submission is that at no point of time, the applicants had demanded a motorcycle and Rs.1,00,000/- cash, as barring giving few dates, nothing has been brought on record to substantiate the same and there is no iota of evidence in that record. Further submission is that though the applicants had been summoned under Section 323 IPC, but there is no injury report on record. It is also contended that it is the O.P. No.2, who is staying in her maternal house on her sweet will. Learned counsel for the applicants submits 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. 7. 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. 8. 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 NA528 No. 35004 of 2025 2 application by 09.10.2025 and this Court has no reason to disbelieve that the court below shall decide the same with most expedition. 9. Till the discharge application is decided, no coercive action shall be taken against the applicants with respect to summoning order Dated 09.07.2024 passed by Judicial Magistrate, Amroha in Complaint Case No. 1097 of 2024 (Jyoti Vs. Jagmohan and others) Under Section 498-A, 323 I.P.C. and Section 4 of D.P. Act, Police Station -Hasanpur, District-Amroha. 10. 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 12, 2025 N.S.Rathour NA528 No. 35004 of 2025 3 (Vikas Budhwar,J.) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad