Neutral Citation No. - 2025:AHC:81264 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 15323 of 2025 Applicant :- Jitendra Opposite Party :- State Of U..P. And Another Counsel for Applicant :- Ashok Kumar Singh,Vipin 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. The present application under Section 528 of Bhartiya Nagarik Suraksha Sanhita (hereinafter referred as 'BNSS') has been filed for quashing of the entire proceedings, including summoning order dated 12.05.2015, of Complaint Case No. 515 of 2015, (Old No. 217/2015), under Sections 354-Kha, 506 I.P.C., Police Station Campierganj, District Gorakhpur, pending in the court of J.M.-3rd, Gorakhpur. 3. It has been argued by the learned counsel for the applicant that the impugned complaint has been lodged by opposite party No. 2 / complainant making false and baseless allegations. Only some quarrel has taken place between the parties and with the intervention of police matter was subsided. After one week of the same, the complainant has lodged the impugned complaint making false allegations against the applicant. Victim has not sustained any injury. Learned counsel has referred the statements of complainant, recorded under Section 200 Cr.P.C., and of witnesses recorded under Section 202 Cr.P.C., and submitted that the allegations of outraging the modesty of the daughter of complainant are wholly false and that no prima facie case is made out against the applicant. 4. Learned A.G.A. has opposed the application and submitted that in view of the allegations made in the complaint and in the statement of complainant, recorded under Section 200 Cr.P.C., as well as in the statements of witnesses, recorded under Section 202 Cr.P.C., 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 judgment 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 made allegations that on 16.01.2015 at about 07:00 AM applicant has caught her daughter and tried to remove her clothes. Her daughter has cried and managed to run away and later the father of applicant came at her house with a stick and threatened her. She has further stated that she has informed the police and when police came at the spot, applicant got himself concealed. Victim girl has also supported that version in her statement, recorded under Section 202 Cr.P.C. and made clear allegations against the applicant that he has made an attempt to molest her and he has caught her and tried to remove her clothes. In view of material on record, it cannot be said that no prima facie case is made out against the applicant. The submissions raised by learned counsel for the applicant call for determination on questions of fact which may be adequately adjudicated upon only by the trial court and even the submissions made on points of law can also be more appropriately gone into only 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 482 Cr.P.C./528 BNSS. 8. After considering arguments raised by learned counsel for parties and perusing the impugned complaint and the materials in support of the same, no case for quashing of impugned proceedings is made out The application u/s 528 BNSS lacks merit and thus, liable to be dismissed. 9. The application under Section 528 BNSS is accordingly dismissed. Order Date :- 16.5.2025 Anand Digitally signed by :- ANAND VERMA High Court of Judicature at Allahabad