HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 35452 of 2025 Court No. - 75 HON'BLE VIKAS BUDHWAR, J. 1. Heard Sri Sunil Kumar, learned counsel for the applicants as well as Sri J.P. Gupta, learned A.G.A. for the State. 2. This is an application under Section 528 BNSS preferred by the applicants for quashing the entire proceedings of Complaint Case No.4700/2016 (Rakhi vs. Rakesh & others), under Section 498A I.P.C. & Section 3/4 Dowry Prohibition Act, Police Station Kotwali, District Pilibhit, pending in the Court of Additional Civil Judge (Junior Division)/Judicial Magistrate, Pilibhit. 3. The case of the applicant is that on 12.12.2013, proceedings under Section 156(3) of CrPC came to be lodged against the applicant, who happens to be husband, jeth, jethani, and other family members with an allegation that the marriage of the O.P. No.2 stood solemnized with applicant no.1 about 3 & 1/2 years ago. In the marriage, huge expenditures were incurred, however, the applicants were not happy with the offerings, as their demand was much more being Rs.2,00,000/- and when the O.P. No.2 could not fulfill the demand she was assaulted and even the allegation is of pouring of kerosene oil upon her and she was thrown out from her matrimonial house with the child in August 2012 and she is living in her maternal house and on 20.11.2013 at 12:00, the applicants with pre- determined mind came to the house of O.P. No.2 and threatened that demand of dowry be satisfied, but when reluctance was shown, then the O.P. No.2 was assaulted with fists and legs and on hue and cry so raised, the family members of the O.P. No.2 came there. A complaint was lodged on Versus Counsel for Applicant(s) : Deepika Saxena, Sunil Kumar Counsel for Opposite Party(s) : G.A. Rakesh Alias Rakesh Maurya And 4 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 26.11.2013. Post recording of the statement under Section 200 CrPC of complainant followed by 202 CrPC of Bhagwati and Jitendra, applicants came to be summoned on 09.10.2014 under Sections 498-A IPC read with Section 3/4 of D.P. Act. According to learned counsel for the applicant, the applicants had put in appearance and the matter was sent for mediation to some extent mediation was done, however, O.P. No.2 denuded herself from participating in the proceedings. Learned counsel for the applicants submits that the proceedings cannot be continued, particularly, when no mandatory enquiry conducted by the Magistrate under Section 202(1) of CrPC. Submission is that the same is mandatory. 4. Learned A.G.A. on the other hand submits that once the summoning order is dated 09.10.2014 and the present application has been preferred in the year 2025 while being presented on 09.09.2025, and non-bailable warrants were issued on 05.07.2023, then it is for the applicant to contest the said proceedings and to take all legal and factual submissions. 5. Having heard the submissions so made across the Bar and after perusing the record, the sole question which arises for determination is the extent of judicial intervention at this stage. 6. Apparently, proceedings under Section 156(3) CrPC, came to be lodged by the O.P. No.2, pursuant whereto the applicants came to be summoned on 09.10.2024. It has come on record that the applicants contested the trial, however, the matter was referred for mediation. Thereafter somewhat the O.P. no.2 is claimed to have been not participating. In the opinion of the Court, the contention so sought to be raised by the applicants can very well be taken up in the trial, particularly when the applicants themselves were participating in the trial. Mere non-presence of the O.P. no.2 and non- participation would not be a ground to interfere at this stage, as it is open for the applicants to raise all legal and factual issues. 7. At this stage, learned counsel for the applicants submits that non-bailable warrants have been issued on 05.07.2023 and breathing period be accorded to them to file recall application recalling the non-bailable warrants. 8. Accordingly, the application stands disposed of directing the applicant to submit recall application seeking recall of non-bailable warrant before the NA528 No. 35452 of 2025 2 court below by 09.10.2025. 9. Till the disposal of the recall application, no coercive action be taken against the applicant with respect to proceedings of Complaint Case No.4700/2016 (Rakhi vs. Rakesh & others), under Section 498A I.P.C. & Section 3/4 Dowry Prohibition Act, Police Station Kotwali, District Pilibhit, pending in the Court of Additional Civil Judge (Junior Division)/Judicial Magistrate, Pilibhit. 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 16, 2025 N.S.Rathour NA528 No. 35452 of 2025 3 (Vikas Budhwar,J.) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad