HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 34828 of 2025 Court No. - 75 HON'BLE VIKAS BUDHWAR, J. 1. Heard Sri Virpratap 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 summoning order dated 19.12.2018 and bailable warrant dated 24.10.2024, passed by the learned Civil Judge (Junior Division),/Judicial Magistrate First Class, Hamirpur, under Sections 498A, 504 Indian Penal Code and Section 3/4 Dowry Prohibition Act, Police Station-Maudaha, District-Hamirpur in Complaint No. 21 of 2017 (Jyoti Alias Monika versus Raj Pratap Singh and Others), as well as entire proceeding of Complaint No. 21 of 2017 (Jyoti Alias Monika versus Raj Pratap Singh and Others), pending before the learned Civil Judge (Junior Division),/Judicial Magistrate First Class, Hamirpur. 3. The case of the applicants is that complaint stood lodged by the opposite party no.2 wife on 30.8.2017 against the applicants, who are Husband, father-in-law, mother-in-law and brother-in-law with an allegation that the marriage of the O.P. No.2 stood solemnized with applicant no.1 on 28.5.2013 and at the time of the marriage huge expenditures were incurred and offerings were offered, however the applicants were not happy with the same and their demand was much more. It is alleged that the demand of Rs.2,00,000/- cash, gold ornaments, T.V., clothes and motorcycle was made, allegation is to the effect also that the applicants used to assaulted victim and maltreatment was being made. Thereafter, post lodging of the complaint Versus Counsel for Applicant(s) : Virpratap Singh Counsel for Opposite Party(s) : G.A. Raj Pratap Singh Alias Mohit Singh And 4 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) on 30.8.2017 statement of the complainant under Section 200 Cr.P.C. followed by of Lal Singh, Shiv Singh and Chaturbhuj Singh under Section 202 Cr.P.C. the applicant came to be summoned on 19.12.2018, under Sections 498A, 504 323 IPC & 3/4 D.P. Act. 4. Questioning the summoning the applicants have filed the present application. 5. Learned counsel for the applicants has submitted that the summoning order cannot be sustained as totally false and frivolous allegations have been levelled without there being any specific allegations. He has further submitted that omnibus allegations have been levelled, there is no recital about the date and the instances when the said demand of dowry was made. It is also contended that the applicants had no point of time demanded dowry and on account of the sweet will of the opposite party no.2 that she used to leave the matrimonial house and go to her parents house and again come. It is also contended that the statements of the prosecution witnesses are tailormade just in order to suit the prosecution case and the court below has summoned applicants without recording any prima facie satisfaction about the attraction of the penal sections in a routine manner. Learned counsel for the applicants as per the instructions, submits that the applicants shall be preferring discharge application seeking discharge. 7. Learned State Law Officer 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. 8. 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. NA528 No. 34828 of 2025 2 9. Till the disposal of discharge application, no coercive action be taken against the applicants with respect to the further proceeding of Complaint No. 21 of 2017 (Jyoti Alias Monika versus Raj Pratap Singh and Others), pending before the learned Civil Judge (Junior Division),/Judicial Magistrate First Class, Hamirpur, under Sections 498A, 504 Indian Penal Code and Section 3/4 Dowry Prohibition Act, Police Station-Maudaha, District- Hamirpur. 10. 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 11, 2025 piyush NA528 No. 34828 of 2025 3 (Vikas Budhwar,J.) Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad