Neutral Citation No. - 2025:AHC:63750 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 5357 of 2025 Applicant :- Dinesh Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Atul Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. This application u/s 528 BNSS has been filed for quashing of the entire proceedings, including summoning order dated 22.08.2024, of Complaint Case No. 181 of 2023 (Seema Devi v. Dinesh Kumar and others), under Section 498-A, 323 of IPC and Sections 3/4 of D.P. Act, P.S.- Akrabad, District- Aligarh, pending in the court of Judicial Magistrate, Court No.3, Aligarh. 3. It is submitted by learned counsel for the applicant that marriage of applicant has taken place with opposite party no.2 in the year 2010 and they have two children. The allegation of dowry demand and harassment of opposite party no.2 is wholly false. It cannot be believed that after so long period of marriage, the applicant would make any demand for dowry or he would harass his wife on account of dowry. Learned counsel has referred statement of complainant and of witnesses and submitted that no prima facie case is made out against the applicant and the impugned proceedings are malicious and thus, liable to be quashed. 4. Learned AGA has opposed the application and submitted that applicant is husband of opposite party no.2 and in view of the allegations made in the statement of complainant under section 200 CrPC and of witnesses examined under Section 202 CrPC, a prima facie case is made out against the applicant. 5. I have considered the rival submissions and perused the record. 6. The legal position on the issue of quashing of criminal proceedings is well-settled that the jurisdiction to quash a complaint, FIR or a charge-sheet should be exercised sparingly and only in exceptional cases. However, where the allegations made in the FIR or the complaint and material on record even if taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused, the charge-sheet may be quashed in exercise of inherent powers under Section 482 of the Cr.P.C. In well celebrated judgement reported in AIR 1992 SC 605 State of Haryana and others Vs. Ch. Bhajan Lal, Supreme Court has carved out certain guidelines, wherein FIR or proceedings may be quashed but cautioned that the power to quash FIR or proceedings should be exercised sparingly and that too in the rarest of rare cases. 7. In the instant matter, the opposite party no.2/complainant has lodged impugned complaint against the applicant and his family members alleging that she was married with applicant on 16.05.2010 and after some time of marriage, the applicant started harassing her and he used to assault her. Meanwhile, she has given birth to two children. It was further alleged that applicant is working in BSF and he is living with another lady namely Poonam. It was further alleged that on 22.02.2022, she was forcibly turned out from matrimonial home. In her statement under Section 200 CrPC, the complainant had supported that version and stated that she was harassed on account of dowry and applicant has assaulted her and that applicant has started living with another lady namely, Poonam. Witnesses examined under Section 202 CrPC have also supported that version. In view of material on record, it can not be said that no prima-facie case is made out against applicant. It may also be stated that at the request of applicant, the matter was referred for mediation vide order dated 28.02.2025 subject to condition that applicant shall deposit an amount of Rs.35,000/- within two weeks before the Mediation Centre but the applicant did not deposit the said amount. The submissions raised by learned counsel for the applicant call for determination on questions of fact, which may adequately be discerned/adjudicated only by the trial court. Even the submissions made on point of law can also be more appropriately gone into by the trial court. Adjudication of questions of facts and appreciation of evidence or examining the reliability and credibility of the version, does not fall within the arena of jurisdiction under Section 528 BNSS. 8. After considering arguments raised by learned counsel for the parties and perusing the impugned complaint and the materials in support of the same, this Court does not find it to be a case which can be determined or gone into in an application under Section 528 BNSS. In view of material on record, no case for quashing of impugned proceedings or any other interference is made out. Hence, the present application under Section 528 BNSS is liable to be dismissed. 9. Accordingly, the application u/s 528 BNSS is hereby dismissed. Order Date :- 24.4.2025 Rama Kant Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad