Neutral Citation No. - 2025:AHC:107174 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 15911 of 2025 Applicant :- Rajender Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dhirendra Kumar Agrahari,Sudhir Mehrotra Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. This application under Section - 528 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as BNSS) has been filed for quashing of the entire proceedings, including charge sheet dated 31.05.2024 and cognizance / summoning order dated 15.07.2024, of Criminal Case No. 51/874 of 2024 (State Vs. Iftekhar), arising out of Case Crime No. 11 of 2018, under Sections - 420, 468, 471, 120-B I.P.C., Police Station - Delhi Gate, District - Meerut, pending in the court of Additional District and Sessions Judge / Special Judge (Anti Corruption), Meerut. 3. It is submitted by learned counsel for applicant that applicant is innocent and no prima facie case is made out against him. Applicant is a Government servant and that he has not applied for benefit of Scheme "Kanya Vidya Dhan" for his daughter. It was stated that under that scheme the daughter of applicant was given an amount of Rs. 20,000/-. As soon as applicant came to know about that grant, applicant has returned back the said amount on 10.11.2006. It is further submitted that signature of guardian shown on the application form of daughter of applicant, which was allegedly filed for grant under said scheme, are not of applicant and in fact the signatures shown on the said application are forged and applicant has never signed on that application. During investigation the investigating officer did not get examine the said signature from expert. Referring to facts of the matter, it was submitted that no prima facie case is made out against applicant. 4. Learned A.G.A. has opposed the application and submitted that applicant is a Government servant and that by concealing his income, he has applied under "Kanya Vidya Dhan" scheme for grant of Rs. 20,000/- in favour of his daughter and on that application the daughter of applicant was granted an amount of Rs. 20,000/-. It was submitted that a prima facie case is made out against 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 essentially the allegation against applicant is that applicant is a Government servant and that an application was filed under 'Kanya Vidya Dhan Scheme' for grant of money to his daughter, by concealing the income of applicant. That application was signed by the applicant as guardian of his daughter. Whether the signatures shown on the said application were made by the applicant or not, it is a question of fact and that can only be examined during trial by the Trial court. Various questions of facts are involved in the matter. The submissions made on points of law can also be more appropriately gone into only by the Trial court. In view of allegations made in the first information report and the material collected during investigation, no case for quashing of impugned proceedings is made out. Accordingly, the prayer as made above is hereby refused 8. However, it is directed that in case applicant moves an application for discharge within a period of three weeks from today, the same shall be considered and decided expeditiously in accordance with law. For a period of three weeks from today and in case such an application is moved within the aforesaid period, till the disposal of such application, no coercive action shall be taken against applicant, provided applicant co-operates in early disposal of the discharge application. 9. The application under Section - 528 BNSS is disposed of in above terms. Order Date :- 8.7.2025 S Rawat Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad