HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 35263 of 2025 Court No. - 75 HON'BLE VIKAS BUDHWAR, J. 1. Heard Sri Mahendra Kumar Sharma, learned counsel for the applicants and Sri Abhishek Tripathi, 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 proceedings of Complaint Case No. 14 of 2024 (Akansha Yadav VS. Ajeet Yadav) U/s 498A I.P.C. & 3/4 D.P. Act, Police Station Padari, District Mirzapur, including summoning order dated passed by Civil Judge (Jr.Div.)/F.T.C. (Crime against Women), 02.06.2025 Mirzapur. 3. The case of the applicant is that the applicants happen to be Jeth, elder brother of nandoi, nandoi and the son of nandoi. Allegation is that the marriage of the O.P. No.2 stood solemnized on 04.05.2023 with one Ajeet Yadav. In the marriage, an expenditure worth Rs.4,00,000/- incurred, however, the applicants along with non-applicants, husband were demanding dowry of an amount of Rs.5,00,000/- and on account of non-satisfaction of the same, the husband of O.P. No.2 as well as the husbands herein used to physically and mentally torture the O.P. no.2 and the husband of O.P. No.2 was intimated with another girl and on 26.04.2024, when O.P. No.2 had requested the non-applicant/husband and the applicants with regard to the treatment being meted to O.P. No.2, they then assaulted and hurled abuses and on 27.04.2024, the O.P. no.2 was thrown out of her matrimonial house. Post-recording of the statement under Section 200 CrPC of the complainant and under Section 202 of CrPC of Guddi and Sohan Prasad, the applicant Versus Counsel for Applicant(s) : Mahendra Kumar Sharma Counsel for Opposite Party(s) : G.A. Charanjit Yadav @ Chandresh And 4 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) came to be summoned on 02.06.2025 under Sections 323, 498-A IPC and 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 iota of evidence that the applicants hgad committed criminality. Submission is that though the allegations have been made against the applicants that they had demanded dowry and assault along with physical and mental torture was meted to O.P. No.2, but in the statement of the complainant, there is no such allegation against the applicants and the only allegation is referable to the husband, who is non-applicant. Submission is that the applicants are innocent, they have not committed any offence. It is further submitted that the statements made under Sections 200 and 202 of CrPC/223 and 225 of BNSS 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 09.10.2025 and this Court has no reason to disbelieve that the court below shall decide the same with most expedition. NA528 No. 35263 of 2025 2 8. Till the discharge application is decided, no coercive action shall be taken against the applicants with respect to the proceedings of Complaint Case No. 14 of 2024 (Akansha Yadav VS. Ajeet Yadav) U/s 498A I.P.C. & 3/4 D.P. Act, Police Station Padari, District Mirzapur, including summoning order dated passed by Civil Judge (Jr.Div.)/F.T.C. (Crime against Women), 02.06.2025 Mirzapur. 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 15, 2025 N.S.Rathour NA528 No. 35263 of 2025 3 (Vikas Budhwar,J.) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad