Neutral Citation No. - 2025:AHC:86050 Court No. - 76 Case :- APPLICATION U/S 528 BNSS No. - 17995 of 2025 Applicant :- Shahrukh Usmani Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sushant Misra 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 and perused material on record. 2. The instant application has been filed with the prayer to quash the charge-sheet dated 31.8.2022 and cognizance/summoning order dated 16.09.2022, passed by the Judicial Magistrate, Farrukhabad in S.T. No. 137 of 2025, titled State v. Shahrukh Usmani and others, arising out of Case Crime No.140 of 2022, under Section 376, 504, 506 IPC, P.S. Jahanganj, District Farrukhabad. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the instant case due to ulterior motives. The applicant and the victim were known to each other. In support of his submission learned counsel place reliance upon the statement of victim, recorded under Section 164 Cr.P.C. wherein the victim has categorically stated that they were known to each other and physical relation was established with her consent. Learned counsel further submits that the medical report, neither indicate any external or internal injuries on the body of victim, nor does it establish forcible sexual relationship. 4. Per contra, learned A.G.A. for the State has opposed the application and submitted that the victim, in her statement, recorded under Section 164 Cr.P.C. has clearly stated that the applicant has committed rape on pretext of marriage. The ingredients of Sections 376, 504, 506 IPC are satisfied, therefore, no case for quashing the aforesaid proceedings is made out. 5. After hearing learned counsel for the applicant and having gone through the material on record, its prima facie observed that the victim, in her statement recorded under Sections 164 Cr.P.C., has made specific, clear, and consistent allegations of rape and other offences against the applicant. The charge sheet has been filed under Sections Section 376, 504, 506 IPC, based on the said statements, medical report, and other material evidence. At this stage, it cannot be said that the proceedings are either maliciously instituted or that no offence is disclosed. Therefore, no case for quashing the aforesaid proceeding is made out. 6. In the instant matter, 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. 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. In view of the material on record it can also not be held that the impugned criminal proceeding are manifestly attended with mala fide and maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge. Similarly no such illegality, perversity or any other substantial error could be pointed out in the impugned summoning order, so as to warrant any interference by this court in exercise of powers u/s 482 Cr.P.C. 7. The application is found to be devoid of merit and it is accordingly dismissed. Order Date :- 20.5.2025 A. Tripathi Vinod Diwakar,J. Digitally signed by :- AKHILESH TRIPATHI High Court of Judicature at Allahabad