HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 35449 of 2025 Court No. - 75 HON'BLE VIKAS BUDHWAR, J. 1. Heard Sri D.K. Singh, learned counsel for the applicants and Sri Vikas Sharma, learned State Law Officer for the State. 2. This is an application under Section 528 of BNSS preferred by the applicants for quashing the proceeding of the Complaint Case No. 21243 of 2024 (Smt. Sangeeta Soni Vs. Ankit alias Sanju Verma and others) Under Section 85, 115(2), 351(3), 352 of B.N.S. and Section 3/4 of D.P. Act, Police Station- Rasulabad, Kanpur Dehat as well as the impugned summoning order dated 25.03.2025 passed by Court of Learned Additional Civil Judge /J.M., Court No. 7, Kanpur Dehat. 3. The case of the applicant is that the proceedings under Section 156(3) of CrPC came to be lodged on 15.05.2024 by O.P. No.2 against the applicants, who happens to be husband and mother-in-law and other family members with an allegation that the marriage of the applicant no.1 stood solemnized with O.P. No.2 on 04.12.2023 and before the marriage at Tilak ceremony, expenditure worth Rs.14,00,000/- was incurred and other valuable items and gifts were offered, but the applicants were not happy with the same and they demanded more dowry being Rs.10,00,000/- and on account of non- fulfillment of the same, the O.P. No.2 was assaulted, abuses were hurled and the applicant no.1 used to consume liquor and then create a ruckus and on 15.03.2024, the husband of the O.P. No.2 was found in a compromising situation with jethani. Post lodging of the complaint of the proceedings under Section 156(3) of CrPC, on 15.05.2024 and post recording of the Versus Counsel for Applicant(s) : Dinesh Kumar Counsel for Opposite Party(s) : G.A. Ankit alias Sanju Verma and another .....Applicant(s) State of U.P. and another .....Opposite Party(s) statements under Section 223 and 225 of BNSS, the applicant no.1 came to be summoned under Section 85, 115(2), 351(3), 352 of BNS and 3/4 of D.P. Act and applicant no.2 under Section 115(2) of BNS on 25.03.2025. 4. 4. Learned counsel for the applicants submitted that the summoning order cannot be sustained for the simple reason that in the proceedings under Section 156(3) CrPC, the incident, which is stated to be alleged is dated 15.03.2024, when the O.P. No.2's husband, applicant no.1 was found in a compromising situation with the jethani along with demand of dowry, however, an FIR also came to be lodged on 15.03.2024 being FIR No.0049 under Section 323, 506, 498-A IPC against the applicants by the father of the O.P. No.2, wherein the allegation is identical with respect to the incident dated 15.03.2024. Learned counsel for the applicants submits that for the same allegations, two simultaneous proceedings cannot go on and according to him, the complaint ought not have been entertained and the applicants could not have been summoned. He, however, submits that the applicants shall be filing the discharge application. 5. 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 223 and 225 of BNSS, 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. 6. 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 09.10.2025 and this Court has no reason to disbelieve that the court below shall decide the same with most expedition. 7. Till the discharge application is decided, no coercive action shall be taken against the applicants with respect to proceeding of the Complaint Case No. 21243 of 2024 (Smt. Sangeeta Soni Vs. Ankit alias Sanju Verma and others) Under Section 85, 115(2), 351(3), 352 of B.N.S. and Section 3/4 of D.P. Act, Police Station- Rasulabad, Kanpur Dehat as well as the impugned summoning order dated 25.03.2025 passed by Court of Learned Additional Civil Judge /J.M., Court No. 7, Kanpur Dehat. NA528 No. 35449 of 2025 2 8. 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 16, 2025 N.S.Rathour NA528 No. 35449 of 2025 3 (Vikas Budhwar,J.) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad