Neutral Citation No. - 2025:AHC:49337 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 11114 of 2025 Applicant :- Asim Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd. Irfan 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 under Section 528 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as BNSS) has been filed for quashing of entire proceedings, including summoning order dated 17.12.2024, of Complaint Case No.78 of 2024 (Smt. Shaziya Vs. Asim), under Sections 323, 354 I.P.C., Police Station- Ganj, District- Rampur, pending before the Court of Judicial Magistrate, Rampur. 3. It has been submitted by learned counsel for the applicant that the applicant is brother of husband of opposite party no.2 and impugned complaint has been lodged, making false and baseless allegations. Earlier, the wife of applicant has lodged a complaint against husband of opposite party no.2 and others and after that the impugned complaint has been lodged by the opposite party no.2 as a counterblast. The complainant has not sustained any injury. Learned counsel has referred statement of complainant and of witnesses and submitted that no prima-facie case is made out against the applicant and impugned proceedings are counterblast and malicious and thus liable to be quashed. 4. Learned A.G.A. has opposed the application and submitted that in the impugned complaint, the complainant has inter-alia made allegation that on 06.11.2023 the applicant came into her room and forcibly caught her and made to lie at the bed. It was pointed out that mother of applicant has made a categorical statement that husband of complainant was working in Saudi Arabia and that applicant is a drunkard and he has trespassed into the room of complainant and did obscene acts against her. 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, perusal of record shows that the complainant has inter-alia made allegations that her husband was working in Saudi Arabia and that on 06.11.2023 the applicant being in drunken condition trespassed into her room and caught her and made an attempt to commit rape upon her. This version of complainant is supported by her mother-in-law, who is none but mother of applicant-accused. In view of statement of mother of applicant, the impugned proceedings are not liable to be quashed merely on the ground that earlier the wife of applicant has lodged a case against husband of opposite party no.2. 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. Accordingly, the prayer as made above is hereby refused. 9. However, it is directed that in case applicant moves an application for discharge before the trial court concerned within a period of three weeks from today, the same shall be considered and decided expeditiously in accordance with law by the court concerned. It is further directed that for a period of three weeks from today and in case such an application for discharge is filed within the aforesaid period, till the disposal of discharge application, no coercive action shall be taken against the applicant, provided the applicant cooperates in early disposal of discharge application. 10. The application u/s 528 BNSS is disposed of in above terms. Order Date :- 7.4.2025//'SP'/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad