Neutral Citation No. - 2025:AHC:89203 Court No. - 76 Case :- APPLICATION U/S 528 BNSS No. - 10191 of 2025 Applicant :- Dharamveer Nishad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abhishek Giri,Brajesh Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Vinod Diwakar,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State-respondent, and perused the record. 2. The present application has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking quashing of the charge sheet dated 21.09.2024 and the cognizance order dated 21.10.2024 as well as entire proceedings in Case No. 49852 of 2024, titled State v. Dharmveer Nishad, arising out of Case Crime No. 490 of 2024, registered under Section 376(2)(n) of IPC, at Police Station Ramgarh Taal, District Gorakhpur, pending before the Court of the learned Chief Judicial Magistrate, Gorakhpur. 3. Learned counsel for the applicant contends that the applicant has been falsely implicated due to a personal dispute. It is submitted that the alleged victim was in a consensual relationship with the applicant, and the FIR came to be registered only after a disagreement over a monetary issue. In support of this submission, reliance is placed on the statements recorded under Sections 180 and 183 of the BNSS, 2023, which, according to the applicant, indicate a voluntary and consensual relationship. 4. On the other hand, learned A.G.A. for the State opposes the application and submits that a prima facie case is made out against the applicant. It is contended that the statements of the victim clearly disclose the essential ingredients of the offence under Section 376(2)(n) IPC. It is further argued that the question of consent and the veracity of the allegations are factual matters that can only be adjudicated upon during the course of trial. 5. Upon perusal of the charge sheet and the statements recorded under Sections 180 and 183 of the BNSS, 2023, it emerges that specific and serious allegations have been levelled against the applicant. The prosecutrix has alleged that she was induced into a physical relationship under false promises and was subjected to coercion. These allegations, taken at their face value and without delving into the merits, are sufficient to constitute a prima facie case under Section 376(2)(n) IPC. 6. At this stage, this Court does not find it appropriate to undertake a detailed assessment of the evidentiary material, which squarely falls within the domain of the trial court. The power to quash proceedings must be exercised sparingly and only in cases where the complaint, on its face, does not disclose any offence or is manifestly malicious or vexatious- a threshold not met in the present matter. 7. Accordingly, the application is devoid of merit and is hereby dismissed. Order Date :- 26.5.2025 A.N. Mishra Vinod Diwakar, J. Digitally signed by :- AMARNATH MISHRA High Court of Judicature at Allahabad Digitally signed by :- AMARNATH MISHRA High Court of Judicature at Allahabad Digitally signed by :- AMARNATH MISHRA High Court of Judicature at Allahabad Digitally signed by :- AMARNATH MISHRA High Court of Judicature at Allahabad