HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 35490 of 2025 Court No. - 75 HON'BLE VIKAS BUDHWAR, J. 1. Heard Sri Sarthak Singh, learned counsel for the applicants and Sri J.P. Gupta learned AGA for the State. 2. This is an application filed under Section 528 of the B.N.S.S. for quashing the entire criminal proceedings in Complaint Case no. 328/2016 (Smt. Rekha versus Brijesh and others) under sections 498-A, 323, 504, 506 I.P.C and under Section 3/4 of Dowry Prohibition Act, P.S- Kotwali, District- Hathras pending against the applicants pending before the Learned Civil Judge (Junior Division)/ F.T.C-II, District- Hathras as well as Non Bailable Warrant as well as proceedings u/sec 82 Cr.P.C dated 04.06.2025 passed by learned Civil Judge (Junior Division)/F.T.C-II, District- Hathras pending against applicant no. 1. 3. The applicants herein had earlier approached this Court by filing Application U/S 482 No.10758 of 2017, in which on 11.4.2017 the following order was passed :- "The present application under Section 482 Cr.P.C. has been filed praying to quash the proceedings of Complaint Case No.328 of 2016 (Smt. Rekha vs. Brijesh and others), under Sections 498A, 323, 504, 506 I.P.C. and 3/4 D.P. Act, P.S. Kotwali, District Hathras, pending in the court of Chief Judicial Magistrate, Hathras. It is further prayed that the summoning order dated 05.05.2016 passed by the court of Chief Judicial Magistrate, Hathras in the aforesaid pending case may also be quashed. Heard learned counsel for the applicants and the learned AGA appearing for the State. Versus Counsel for Applicant(s) : Sarthak Singh, Vimlesh Kumar Counsel for Opposite Party(s) : G.A. Brijesh Kumar And 4 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) It is submitted by the learned counsel for the applicants that the complaint was filed on the basis of false allegations and malice. It is further submitted that from the version of the complaint as well as statement of witnesses, offence under the aforesaid Sections is not made out against the applicants. General allegations have been made in the complaint. The impugned order suffers from illegality and infirmity. On the other hand, learned AGA has submitted that the applicants have been summoned on the basis of the statements recorded under Sections 200 Cr.P.C. and 202 Cr.P.C.. The impugned order does not suffer from any illegality or infirmity. Having regard to the facts and circumstances of the case, after perusing the entire record and having considered the submissions made by the learned counsel for the parties, I am of the view that no case is made out to interfere with the impugned order. The impugned order does not suffer from any infirmity or illegality. At this stage, the Magistrate, dealing with complaint, has to see only prima-facie case. On facts of the present case, prima-facie case is made out against the applicants. Further, the plea raised before this Court would require leading of evidence, which can be raised before the court concerned at the appropriate Stage. Hence, the prayer made in the present application is refused. However, it is observed that in case the applicants surrender before the court below and apply for bail within 30 days from today, the same shall be considered and decided in view of the settled law. For a period of 30 days from today, or till disposal of the bail application, whichever is earlier, no coercive action shall be taken against the applicants. It is made clear that no further time shall be allowed to the applicants for surrender before the court concerned. With the above observations, the application stands disposed of." 4. Learned counsel for the applicants has submitted that proceedings under Section 13-B of the Hindu Marriage Act came to be preferred and which resulted in dissolution of the marriage and one of the conditions therein was that the parties have to withdraw the respective cases but the but the opposite party no.2 has not withdrawn the present case but she is pursuing the same. He has further submitted that on 4.6.2025 non-bailable warrant had been issued followed by proceedings under Section 82 and 83 Cr.P.C. Learned counsel for the applicants submits that that due to certain reasons beyond the control and the comprehension of the applicants, the applicants could not join the proceedings and participate. He submits that breathing time be accorded to surrender and file application for bail. NA528 No. 35490 of 2025 2 5. Learned A.G.A. has no objection to the same. 6. Considering the submissions of the rival parties as well as stand taken by them, the application stands disposed of granting liberty to the applicant to prefer appropriate proceedings/ application for bail before the court below by 09.10.2025, the same shall be considered with most expedition. 7. Till the disposal of bail application, no coercive action shall be taken against the applicants with respect to the further proceeding of proceedings of Complaint Case no. 328/2016 (Smt. Rekha versus Brijesh and others) under section 498-A, 323, 504, 506 I.P.C and u/sec 3/4 of Dowry Prohibition Act, P.S- Kotwali, District- Hathras pending against the applicants pending before the Learned Civil Judge (Junior Division)/ F.T.C-II, District- Hathras as well as Non Bailable Warrant as well as proceedings u/sec 82 Cr.P.C dated 04.06.2025 passed by Learned Civil Judge (Junior Division)/F.T.C-II, District- Hathras against applicant no. 1. 8. 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 piyush NA528 No. 35490 of 2025 3 (Vikas Budhwar,J.) Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad