HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 35874 of 2025 Court No. - 75 HON'BLE VIKAS BUDHWAR, J. 1. Heard Sri R.P. Yadav, learned counsel for the applicants as well as Sri Pankaj Kumar Rai, learned State Law Officer for the State. 2. This is an application under Section 528 of BNSS preferred by the applicant for quashing the entire proceeding of the Complaint Case being Complaint Case No.17 of 2023 (Priyanka Dutt v. Sunil Dutt) Under Section 498A, 323 and 504 of Indian Penal Code and Section 3/4 of Dowry Prohibition Act including the Summoning order dated 03.01.2025, Passed by Judicial Magistrate /FTC Women Azamgarh. 3. The case of the applicants is that complaint stood lodged by the opposite party no.2 on 6.1.2023 against the applicants, who are husband, mother-in-law and other family members with an allegation that the marriage of the O.P. No.2 stood solemnized with applicant no.1 on 9.12.2020 and in the marriage expenditures were Rs.10,00,000/- incurred but the demand of applicants much more regarding financial assistance to the tune of Rs.10,00,000/- when the same were resisted the opposite party no.2 was thrown out from the matrimonial house on 15.2.2022 and her delivery was done in her maternal house and thereafter she came back to her matrimonial house and then she was again thrown out on 21.12.2022 and constant demand of dowry is being sought to be made. Post recording of the statement of the complainant under Section 200 Cr.P.C. followed by of Ram Lal and Virendra Kumar under Section 202 Cr.P.C. the applicant came to be summoned on 3.1.2025 under Versus Counsel for Applicant(s) : Devbratt Yadav, Ram Pratap Yadav Counsel for Opposite Party(s) : G.A. Sunil Dutt Jaiswar And Another .....Applicant(s) State Of U.P. And Another .....Opposite Party(s) Sections 498A, 323, 504 IPC & 3/4 D.P. Act. 4. Learned counsel for the applicants has submitted that the summoning order cannot be sustained for the simple reason that though allegation has been sought to be levelled in the complaint but the bare perusal of the statements under Section 200 Cr.P.C. would reveal that there is no such allegation and only general in nature being omnibus in complaint. He has further submitted that once in a deposition under Section 200 Cr.P.C. the complainant has not given a specific date on the date of demand of the dowry then there happens to be version so narrated in the complaint happens to be exaggerated in that regard. He has also submitted that though the applicants have been summoned under Section 323 IPC but there is no injury report available on record and on the basis of tailormade statements that the applicants have been sought to be summoned without recording prima facie satisfaction about the attraction of the penal sections. Learned counsel for the applicants as per the instructions, submits that the applicants shall be preferring discharge application seeking discharge. 5. Learned A.G.A. on the other hand submits that from the perusal of the complaint vis-a-vis the statements under Sections 200 and 202 CrPC, prima facie, there are no material contradictions or variations. Merely because applicants happen to be husband and mother-in-law, it would not absolve the possibility of commission of crime, particularly when each and every case depends on its own facts, however, according to him, it is always open for the applicants to avail the remedy of filing discharge application. 6. Considering the submissions so made across the Bar and after perusing the record, and looking into the over all facts situation, stand taken by the applicants as well as the nature of the allegations, without entering into the merits, the application stands disposed of directing the applicants to submit a discharge application by 16.10.2025. On the receipt of the said motion, the court below shall decide the discharge application. 7. Till the disposal of discharge application, no coercive action be taken against the applicants with respect to the entire proceeding of the NA528 No. 35874 of 2025 2 Complaint Case being Complaint Case No.17 of 2023 (Priyanka Dutt v. Sunil Dutt) Under Section 498A, 323 and 504 of Indian Penal Code and Section 3/4 of Dowry Prohibition Act including the Summoning order dated 03.01.2025, Passed by Judicial Magistrate /FTC Women Azamgarh. 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 17, 2025 piyush NA528 No. 35874 of 2025 3 (Vikas Budhwar,J.) Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad