HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 35579 of 2025 Court No. - 75 HON'BLE VIKAS BUDHWAR, J. 1. Heard Sri Rajesh Kumar Singh, learned counsel for the applicants as well as Sri J.P. Gupta, learned AGA for the State. 2. This application u/s 528 of BNSS has been preferred to set aside the impugned B.W. order dated 12.06.2025 and summoning order dated 30.05.2024 passed by learned Additional Civil Judge (J.D.)/ Judicial Magistrate, Court No.1, Hathras as well as entire Criminal Proceeding of Complaint Case No. 6163/2023 (Jyoti Versus Krishnaveer and others), Under Sections 323,498A I.P.C. & 34 D.P. Act, Police Station-Mahila Thana, District-Hathras Pending before learned Additional Civil Judge (J.D.)/ Judicial Magistrate, Court No.1, Hathras. 3. The case of the applicants is that proceedings under Section 156(3) Cr.P.C. came to be lodged by the opposite party no. 2 against the applicants who happen to be chachia sasur, married nanad as well as the family members with an allegation that the marriage of the opposite party no. 2 stood solemnized with Krishnaveer (non-applicant) on 22.01.2022 and at the time of marriage huge of Rs. 25,00,000/- was incurred and gifts were offered, however, the applicants were not satisfied were not satisfied with the gifts so offered and the demand was much more and the allegation is that on 16.10.2022 at 5: O' clock, the applicants herein along with the husband took the opposite party no. 2 in a car and had gone to a village and they committed assault and on the hue and cry so raised, Hoshiyar Singh and Ashok came there and threat was administered that Versus Counsel for Applicant(s) : Rajesh Kumar Singh Counsel for Opposite Party(s) : G.A. Ashok Kumar and 3 others .....Applicant(s) State of U.P. and another .....Opposite Party(s) the opposite party no. 2 would not be give access to the house and they while threatening went away and the valuables are with the applicants. A complaint was lodged on 19.10.2022 before the police station Maliya Thana. The proceedings under Section 156(3) stood transformed into a complaint case and post recording of the statement under Section 202 of Naresh Kumar and Hoshiyar Singh. The applicants came to be summoned on 30.05.2024 under Section 323, 498A IPC read with Section 3/4 of the DP Act. 4. Learned counsel for the applicants has submitted that the summoning order cannot be sustained for the simple reason that totally omnibus and general allegations have been levelled without there being any specific allegation. Submission is that barring a date mentioned in the complaint dated 16.10.2022 nothing is there on record to substantiate that any demand of dowry was being made. Further submission is that though the applicants have been summoned under Section 323 IPC but there is no injury report available on record and further on the basis of statement, the applicants have been summoned without recording any prima facie satisfaction and further in the statements under Section 200 of the opposite party no. 2 there is nothing except the fact that with effect from 16.10.2022 the opposite party no. 2 is staying in her maternal house and the allegation is against the husband and not against the applicants. 5. Learned AGA, on the other hand, submits that offences are made out and whatever argument is being sought to be raised is a matter of defence. 6. I have heard the submission so made across the bar and perused the record carefully. 7. 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. 8. Accordingly, looking into the overall facts and circumstances of the case, the application stands disposed of, the applicants are at liberty to NA528 No. 35579 of 2025 2 file a discharge application before the court below by 09.10.2025 and on the filing of the discharge application, the court below shall decide the same preferably within two months. 9. Till the disposal of the discharge application, no coercive action shall be taken against the applicants pursuant to impugned B.W. order dated 12.06.2025 and summoning order dated 30.05.2024 passed by learned Additional Civil Judge (J.D.)/ Judicial Magistrate, Court No.1, Hathras as well as entire Criminal Proceeding of Complaint Case No. 6163/2023 (Jyoti Versus Krishnaveer and others), Under Sections 323,498A I.P.C. & 34 D.P. Act, Police Station-Mahila Thana, District-Hathras Pending before learned Additional Civil Judge (J.D.)/ Judicial Magistrate, Court No.1, Hathras. 10. The protection so accorded to the applicants shall be only in those contingencies wherein the applicants sticks to the timelines and does not 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. 35579 of 2025 3 (Vikas Budhwar,J.) Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad