HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 36637 of 2025 Court No. - 75 HON'BLE VIKAS BUDHWAR, J. 1. Heard Sri Rohit Kumar Pandey, learned counsel for the applicants as well as learned AGA for the State. 2. This application u/s 528 of BNSS has been preferred to quash the entire proceedings of the complaint case No. 2997 of 2023 (old case No.104 of 2023) (Anju Chauhan Vs Shiv Prasad) Under Section 498A, 323, 504, 506 I.P.C. & 3/4 D.P. Act Police Station Sujanganj, District Jaunpur pending in the court of learned Civil Judge (S.D.) F.T.C. Jaunpur as well as summoning order dated 14.05.2024. 3. The case of the applicant is that on 04.04.2023 a complaint stood lodged by the opposite party no. 2 under Sections 498A, 323, 504, 506 IPC read with Section 3/4 of the DP Act against the applicant who is the husband and other family members with an allegation that the marriage of the opposite party no. 2 stood solemnized with the applicant herein on 25.01.2021, however, with the said wedlock, a baby (Ms. Priya Chauhan) was born, however, demand of dowry was being made and when the same was resisted then atrocities were being sought to be committed. Allegation is that on 12.01.2023 at 8:00 O'clock in the morning when she was cooking something in the kitchen then the applicant herein barged into the room and thereafter demanded additional dowry and also hurled abuses pursuant whereto she sustained injuries also and on 24.01.2024, a complaint was lodged before the police. Post recording of the statement of the opposite party no. 2 under Section 200 followed by of Banno Devi, Raju Chauhan. The applicant came to be summoned under Sections 498A, 323, 504, 506 IPC read with Section 3/4 of the DP Act. Learned counsel for the applicant has submitted that the summoning order cannot be sustained for the simple reason that already proceedings under Section 9 of the Hindu Marriage Act has been initiated by Versus Counsel for Applicant(s) : Rohit Kumar Pandey, Sunil Kumar Yadav Counsel for Opposite Party(s) : G.A. Shiv Prasad @ Gunda .....Applicant(s) State of U.P. and Another .....Opposite Party(s) Sajan Chauhan against the opposite party no. 2 Anju Chauhan and two children being Satyam Chauhan and Km. Priya Chauhan. Submission is that the opposite party no. 2 is not the wife of the applicant, her marriage stood solemnized with Sajan Chauhan in the year 2015. Further submission is that totally and general allegations have been levelled and the statements are tailor made. He, however, submits that the applicants shall be filing their discharge application. 4. Learned AGA, on the other hand, submits that whatever might be once there are no material contradictions or variations in the statements under Section 200 read with Section 202 of the Cr.P.C. vis-a-vis the complaint and the nature of the allegations in the complaint coupled with the injuries, the case becomes triable, however, he has no objection to the suggestion of the learned counsel for the applicant that the applicant shall be filing discharge application. 5. Having heard the submission so made across the bar and perusing the record, bearing in mind the nature of the allegations as well as the other relevant factors without going into the merits of the case, the present application is disposed of granting liberty to the applicant to prefer discharge application by 15.10.2025. On the said motion the court below shall decide the discharge application with most expedition. 6. Till the disposal of the discharge application, no coercive action shall be taken against the applicant in complaint case No. 2997 of 2023 (old case No.104 of 2023) (Anju Chauhan Vs Shiv Prasad) Under Sections 498A, 323, 504, 506 I.P.C. & 3/4 D.P. Act, Police Station Sujanganj, District Jaunpur, pending in the court of learned Civil Judge (S.D.) F.T.C. Jaunpur as well as summoning order dated 14.05.2024. 7. The protection so accorded to the applicant shall be only in those contingencies wherein the applicant 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 22, 2025 Rajesh NA528 No. 36637 of 2025 2 (Vikas Budhwar,J.) Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad