Neutral Citation No. - 2025:AHC:115583 Court No. - 76 Case :- APPLICATION U/S 528 BNSS No. - 14411 of 2025 Applicant :- Asha Sharma And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Akhilesh Kumar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Vikram D. Chauhan,J. 1. Heard learned counsel for the applicants and learned A.G.A. for the State. 2. The present application has been filed by the applicants for quashing the entire proceeding of criminal case arising out of Case Crime No. 285 of 2024 (State Vs. Naresh Sharma and others) under Sections 498A, 306 I.P.C, P.S Kotwali, District Mathura, pending before A.C.J.M I Mathura as well as quash the charge sheet dated 25.06.2024 issued by court below. 3. Learned counsel for the applicants submits that first information report has been lodged with the allegation that applicants and accused persons have harassed the deceased and thereafter she has died through poisoning. The applicants are the mother-in-law and father-in-law. Learned counsel for the applicants submits that no offence is made out in respect of Section 498A I.P.C. 4. Learned counsel for the applicants was queried as to why police was not informed with regard to the alleged incident, no explanation has been offered and learned counsel for the applicants only submits that applicants were not living at the place of occurrence at the time when alleged incident has taken place. The deceased has died out of poisoning which is a serious matter and police was not informed as per counsel for the applicants. The plea with regard to alibi cannot be raised in proceedings under Section 528 BNSS as the same is matter of trial. On perusal of the statement of the informant and the first information report offence is made out as such the present application under Section 528 BNSS lacks merit and is dismissed accordingly. Order Date :- 17.7.2025 VMA Digitally signed by :- VISHWA MOHAN ARORA High Court of Judicature at Allahabad