BNSS No. 36751 of 2025 · Allahabad High Court

Heard Shri Javed Alam , learned counsel for the applicants and Sri Abhishek Kumar, learned A.G.A. for the State. The present application under Section 528 of Bharatiya Nagarik Suraksha Sanhita has been filed to quash the entire proceedings of Complaint Case No. 6197 of 2023 as well as cognizance/ summoning order dated

28.03.2025, by which the learned Magistrate took cognizance under Sections 447, 504, 506 of I.P.C., Police Station- Bhont, District Rampur, pending in the court of Chief Judicial Magistrate, Rampur. Learned counsel for the applicants submits that the complaint dated

31.08.2022 has been filed with regard to the incident dated 19.07.2022 on the basis of false and frivolous allegations with ulterior motive and only to harass the present applicants. It is further submitted that no notice has been served or issued under Section 441 of IPC as inserted by U.P. Amendment Act, 1961 (U.P. Act No. 31 of 1961) before filing the complaint. It is further submitted that cognizance order has not been passed with regard to committing marpeet. It is further submitted that a civil suit with regard to subject matter of complaint is pending between the parties. It is further submitted that the complainant has converted a civil dispute into a criminal case. Prima facie, matter requires consideration. Notice on behalf of opposite party no. 1 has been accepted by learned 2 NA528 No. 36751 of 2025 A.G.A. Issue notice to opposite party no. 2 returnable at an early date. Learned A.G.A. as well as opposite party no. 2 may file their counter affidavits within two weeks. Rejoinder affidavit may be filed within one week thereafter. List after eight weeks. Until further orders of this Court, further proceedings of the aforesaid case, shall remain stayed against the applicants. September 23, 2025 MAA/- (Sanjay Kumar Pachori,)