HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 35593 of 2025 Court No. - 75 HON'BLE VIKAS BUDHWAR, J. 1. Heard Sri Manoj Kumar Pandey, learned counsel for the applicants as well as Sri Vikas Sharma, learned State Law Officer for the State. 2. This application u/s 528 of BNSS has been preferred to quash the entire proceeding as well as impugned summoning - order dated 17.01.2023 under Section 498-A, 323, 504, 506 I.P.C. and 3/4 D.P. Act passed by the learned Judicial Magistrate/F.T.C. Women, Azamgarh arising out in Complaint Case No.2528 of 2022 (Vandana Maurya Vs. Anand Kumar Maurya & Others), Police Station Tahbarpur, District Azamgarh pending in the court of learned Judicial Magistrate/F.T.C. Women, Azamgarh. 3. The case of the applicants is that a complaint stood lodged by the opposite party no. 2 under Section 323, 504, 506, 498A IPC read with Section 3/4 of the DP Act against the applicants who happen to be the husband, father-in- law, mother-in-law and other relatives with an allegation that the marriage of the opposite party no. 2 stood solemnized with the applicant no. 1 on 08.05.2021 and at the time of bariksha, Rs. 10,000/- and Rs. 50,000/- at the time of Tilak was also offered along with other gift items, however, when the applicants came to her matrimonial house post marriage then demand of ornaments, Rs. 1,00,000/- cash, bullet motorcycle was raised and she stayed for 90 days in her matrimonial house and thereafter she again went to her matrimonial house on 25.11.2021 and gifts worth Rs. 60,000/- were offered but they were not happy and the applicants had thrown out the opposite party no. 2 from her matrimonial house on 02.03.2022. Post recording of the statement under Section 200 followed by of Ram Abhilakh, Raj Kumar Maurya, the applicants came to be summoned under Section 323, 504, 506 IPC read with Section 3/4 of the DP Act on 17.01.2023. Learned counsel for the applicants has submitted that totally omnibus and general allegations Versus Counsel for Applicant(s) : Manoj Kumar Pandey Counsel for Opposite Party(s) : G.A. Anand Kumar Maurya And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) have been made without there being any specific allegations, the allegations are not only false and concocted but an illusion. It is also contended that at no point of time any demand of dowry was made and further there is no question of throwing out the opposite party no. 2 from her matrimonial house, it is contended that in the statement of opposite party no. 2, the date of throwing out from the matrinonial house has been stated to be 03.03.2022 though in the complaint it is 02.03.2022 and further the court below on the basis of omnibus allegations has summoned the applicants in a routine manner without recording any satisfaction and further it is also contended that there is no injury report available on record though the applicants have been summoned under Section 323 IPC. 4. Learned State Law Officer, on the other hand, submits that offences are made out and whatever argument is being sought to be raised is a matter of defence. 5. I have heard the submission so made across the bar and perused the record carefully. 6. From the perusal of the statement under Section 200 and 202 vis-a-vis complaint, it is apparent that, prima facie, offences are made out as there is no material contradiction or variation of the statement vis-a-vis the complaint. At this juncture, learned counsel for the applicants, as per the instruction received from his client, seeks a direction for consideration of the application which the applicants would be filing for discharge. 7. Accordingly, looking into the overall facts and circumstances of the case, the application stands disposed of, the applicants 09.10.2025 and on the filing of the discharge application, the court below shall decide the same preferably within two months. 8. Till the disposal of the discharge application, no coercive action shall be taken against the applicants pursuant to summoning - order dated 17.01.2023 under Section 498-A, 323, 504, 506 I.P.C. and 3/4 D.P. Act passed by the learned Judicial Magistrate/F.T.C. Women, Azamgarh arising out in Complaint Case No.2528 of 2022 (Vandana Maurya Vs. Anand Kumar Maurya & Others), Police Station Tahbarpur, District Azamgarh pending in the court of learned Judicial Magistrate/F.T.C. Women, Azamgarh. 9. The protection so accorded to the applicants shall be only in those contingencies wherein the applicants sticks to the timelines and does not NA528 No. 35593 of 2025 2 violate any of the conditions of the order. In case of any violation, the protection stand vacated without reference to the Bench. September 16, 2025 Rajesh NA528 No. 35593 of 2025 3 (Vikas Budhwar,J.) Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad