HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 36803 of 2025 Court No. - 75 HON'BLE VIKAS BUDHWAR, J. 1. Heard Sri Suneel Kumar Tiwari, learned counsel for the applicants and Sri Moti Lal, learned A.G.A. for the State. 2. This is an application under Section 528 of BNSS preferred by the applicants for quashing the summoning order 08.12.2023 passed by Additional Chief Judicial Magistrate, Court No.2, Pilibhit arising out of Complaint Case No. 13704 of 2023, Farah Be Versus Salman and Others, Under Sections 498A, 323, 504, 506 of I.P.C. and Section 3/4 of the Dowry Prohibition Act, Police station-Barkhera, District-Pilibhit pending in the Court of Additional Chief Judicial Magistrate, Court No.2, Pilibhit. 3. The case of the applicant is that a complaint was lodged on 17.10.2023 against the applicants, who are husband, jeth, nanad and nandoi for the offences under Sections498-A, 323, 504, 506 IPC read with Section 3/4 of D.P. Act with an allegation that the marriage of the O.P. no.2 stood solemnized with applicant no.1 in the month of February 2017 and in the marriage, gifts worth Rs.6,00,000/- were offered and huge expenditures were incurred, however, the applicants were not happy with the same and their demand was much more being Rs.3,00,000/- in cash and a motorcycle and on account of the same, applicants used to assault O.P. No.2 and harass her physically and mentally also. Allegations to the extent of 03.10.2023 when the O.P. No.2 was returning from her maternal place, then applicant no.1 along with other persons forcefully stopped the access of the O.P. No.2 and hurled abuses and started demanding dowry and a complaint was lodged on Versus Counsel for Applicant(s) : Suneel Kumar Counsel for Opposite Party(s) : G.A. Salman And 4 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 13.10.2023, followed by the impugned complaint on 17.10.2023. Post recording of the statement of the complainant under Section 200 of CrPC followed by statement of Nawab Khan and Tara Be under Section 202 CrPC, the applicant came to be summoned under Sections 498A, 323, 504, 506 of I.P.C. and Section 3/4 of the Dowry Prohibition Act on 08.12.2023. 4. Questioning the summoning order, the present application has been preferred. 5. Learned counsel for the applicants has submitted that the summoning order cannot be sustained for the simple reason that the entire allegations contained in the complaint are nothing but a bundle of lies, which have got no nexus with the reality. Submission is that only general and omnibus allegations have been leveled. There is no date or instance mentioned with regard to the demand of dowry and further contention is that even a first information report bearing number "0212 of 2025" also came to be lodged by O.P. No.2 against the applicants under Section 85, 115(2), 351(3) of BNS and 3/4 of D.P. Act. Further submission is that though the applicant has been summoned under Section 323 of IPC, but there is no injury report available on record. It is also contended that the statements made under Sections 200 and 202 of CrPC are tailormade just in order to suit the circumstances and the court below without recording any prima facie satisfaction, regarding the attraction of the penal sections has summoned the applicants in a routine manner. Learned counsel for the applicants further as per the instructions submits that the applicant shall be filing a discharge application. 6. Learned A.G.A. as well as learned counsel for O.P. No.2 on the other hand submit that perusal of the allegations in the complaint, vis-a-vis the statements under Sections 200 and 202 of CrPC, nowhere show that there is any material contradiction or variation, which goes to the root of the matter which makes the case triable, however, he submits that once the applicants seek to file discharge application, he has no objection. 7. Considering the submissions so made across the Bar and looking into the nature of allegations and stands of the parties, the application is disposed of directing the applicants to file the proceedings by way of discharge application by 16.10.2025 and this Court has no reason to disbelieve that the court below shall decide the same with most expedition. NA528 No. 36803 of 2025 2 8. Till the discharge application is decided, no coercive action shall be taken against the applicants with respect to summoning order 08.12.2023 passed by Additional Chief Judicial Magistrate, Court No.2, Pilibhit arising out of Complaint Case No. 13704 of 2023, Farah Be Versus Salman and Others, Under Sections 498A, 323, 504, 506 of I.P.C. and Section 3/4 of the Dowry Prohibition Act, Police station-Barkhera, District-Pilibhit pending in the Court of Additional Chief Judicial Magistrate, Court No.2, Pilibhit. 9. The protection accorded to the applicants 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 23, 2025 N.S.Rathour NA528 No. 36803 of 2025 3 (Vikas Budhwar,J.) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad