HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 36742 of 2025 Court No. - 75 HON'BLE VIKAS BUDHWAR, J. 1. Heard Sri Shivam Kumar Shukla, learned counsel for the applicant and Sri Vikas Sharma, 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 proceedings of Complaint Case No. 3137 of 2023, Poonam Vs. Amit, U/S 498A I.P.C and section 4 Dowry Prohibition Act pending in the court of Judicial Magistrate/Civil Judge (J.D.)/Fast Track Court, Court no.1 District-Agra in including the Summoning order dated 24.01.2025 Police Station- Mahila Thana, District-Agra. 3. The case of the applicant is that a complaint was lodged by O.P. No.2 under Sections 498-A, 420, 406, 504, 506 IPC read with Section 3/4 of D.P. Act against the husband and non-applicants, father-in-law, mother-in-law, etc. with an allegation that the marriage of the O.P. No.2 stood solemnized with the applicant on 22.04.2022. The allegation is that in the marriage, total expenditure of Rs.11,00,000/- was incurred, however, the demand was of Rs.1,00,000/- and a motorcycle and it is also contended that the O.P. No.2 was thrown out from her matrimonial house and a panchayat was convened for rendering of good offices on 15.01.2023, but nothing happened followed by a complaint on 01.03.2023. Post recording of the statement of O.P. No.2 under Section 200 of CrPC followed by statement of Smt. Usha Devi and Sumit Kumar under Section 202 of CrPC, the applicant came to be summoned on 24.01.2025 under Sections 498-A of IPC read with Section 3/4 of D.P. Act. Versus Counsel for Applicant(s) : Arvind Kumar Tripathi, Shivam Kumar Shukla, Urvashi Kunwar Counsel for Opposite Party(s) : G.A. Amit Alias Amit Rathore .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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 though it has been alleged that the marriage of O.P. No.2 stood solemnized with applicant on 22.04.2022 but there is no date or instances mentioned when the demand of dowry was made. 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. It is also contended that in the complaint, there has been no allegation with regard to assaulting, but in the statement of the O.P. No.2 under Section 200 of CrPC, for the very first time, the theory of assault has been made with an allegation that the O.P. No.2 was thrown out from her matrimonial house on 24.04.2022. Learned counsel for the applicant submits that the said date is virtually lacking in complaint, as there is no recital of the same. Submission is 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 applicant 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. 8. Till the discharge application is decided, no coercive action shall be taken against the applicants with respect to proceedings of Complaint Case No. NA528 No. 36742 of 2025 2 3137 of 2023, Poonam Vs. Amit, U/S 498A I.P.C and section 4 Dowry Prohibition Act pending in the court of Judicial Magistrate/Civil Judge (J.D.)/Fast Track Court, Court no.1 District-Agra in including the Summoning order dated 24.01.2025 Police Station- Mahila Thana, District- Agra. 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. 36742 of 2025 3 (Vikas Budhwar,J.) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad