Smt. Seema and 2 Others vs State of U.P. and Another

Neutral Citation No. - 2025:AHC:116259

Court No. - 75

Case :- APPLICATION U/S 528 BNSS No. - 14348 of 2025 Applicant :- Smt. Seema and 2 others Opposite Party :- State of U.P. and another Counsel for Applicant :- Medha, Vijay Shantam Counsel for Opposite Party :- G.A.

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Hon'ble Vikas Budhwar,J.

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Heard Ms. Medha, learned counsel for the applicants and Sri S.K. Singh, learned AGA for the State.

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This application u/s 528 of BNSS has been preferred to quash the Summoning Order dated 20.1.2024 passed in Complaint Case No. 1293 of 2022 (Smt. Rekha Vs. Mukesh Kumar), u/s 498-A I.P.C under Section 3/4 Dowry Prohibition Act, PS Delhi Gate, District Aligarh.

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Learned counsel for the applicants has submitted that the applicants happen to be sister-in-law of the opposite party no. 2 whose marriage stood solemnized with one Mukesh Kumar on 14.01.2020. Learned counsel for the applicants has submitted that the entire allegations so sought to be levelled in the proceedings under Section 156 Cr.P.C. under Section 498A, 323, 504 and 506 IPC read with Section 3/4 of the DP Act contains incorrect and frivolous allegations which have got no basis. she submits that the applicants are living separately and further they had at no point of time committed said offence. It is also contended that only general and omnibus allegations have been levelled and whatever allegations are there regarding demand of dowry, the same can, at best, be levied upon the husband. Learned counsel for the applicants that so far as the incident shown to be dated 02.05.2020 that the applicants along with the other family members had

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maltreated and assaulted the opposite party no. 2 and hurled abuses is concerned, the same has no basis at all. Further so far as the allegation dated 03.11.2021/05.11.2021 is concerned regarding maltreating, assaulting and hurling abuses for non-satisfaction of the demand of dowry is concerned, the same is also incorrect. It is also contended that even previously also complaint was lodged by the opposite party no. 2 in complaint no. 29682 of 2021 under Section 498A, 323, 504, 506 and 120 IPC read with Section 3/4 of the DP Act but the same came to be dismissed for non prosecution on 04.08.2022. It is submitted that only for name shake and in order to make a cause of action, the complaint has been lodged. Further submission is that though various allegations have been made in the complaint but a perusal of the statement under Section 200 and 202, they do not support the prosecution theory and the complaint itself attempt to exaggerate things. It is also contended that the statements under Section 200 and 202 of the witnesses are vague, general an omnibus. Learned counsel for the applicants submits that the applicants as per the instructions sought from the client shall be preferring a discharge application before the court below and a direction to the court below to decide the discharge application.

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Learned AGA, on the other hand, submits that from the perusal of the allegations contained in the complaint vis-a-vis the statements under Section 200 and 202 of the Cr.P.C., offences are made out and the court below has meticulously analyzed the statements and their allegations and proceeded to record satisfaction.

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I heard the submissions so made across the bar and perused the record carefully.

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Considering the submissions so made across the bar as well as the stand of the counsel for the applicant as per instructions received from appellant and the nature of allegations as well as overall fact situation, the application stands disposed of granting liberty to the applicants to prefer discharge application by 31.07.2025 and on the said motion, the court below shall decide the same strictly in accordance with law without granting unnecessary delay.

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Till the discharge application is decided, no coercive action shall be taken against the applicants in Summoning Order dated 20.1.2024 passed in Complaint Case No. 1293 of 2022 (Smt. Rekha Vs. Mukesh Kumar), u/s 498-A I.P.C under Section 3/4 Dowry Prohibition Act, PS Delhi Gate, District Aligarh.

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Protection so accorded today, shall only be available to the applicants in those contingencies wherein, applicants stick to the timeline and does not commit any default to the order passed by this Court.

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Order Date :- 17.7.2025 Rajesh

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Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad

Smt. Seema and 2 Others v. State of U.P. and Another

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Smt. Seema and 2 Others v. State of U.P. and Another

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