Neutral Citation No. - 2025:AHC:93589 Court No. - 76 Case :- APPLICATION U/S 528 BNSS No. - 19762 of 2025 Applicant :- Kishor Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ganesh Kumar Verma,Jayant Rai 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 the material available on record. 2. The present application under Section 528 of B.N.S.S., has been preferred seeking quashing of the first charge sheet dated 10.04.2023 and the supplementary charge sheet dated 13.08.2023, and cognizance order dated 12.05.2023 in Case Crime No. 98 of 2023, under Sections 376D, 323, 506, 366, and 344 of I.P.C., as well as the entire proceedings of Sessions Case No. 1061 of 2023, titled State v. Kishor Kumar, pending before the Court of the Additional Sessions Judge/Fast Track Court (Crime Against Women), Budaun. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated due to personal enmity and ulterior motives. It is asserted that the victim is the legally wedded wife of the applicant and the alleged marriage was solemnized in Dehradun. On that basis, the learned counsel contends that the allegations of kidnapping, wrongful confinement, and gang rape as alleged in the FIR are improbable and fabricated. He further submits that the biological father of the victim, in his statement, acknowledged that the victim had voluntarily accompanied the applicant on two occasions, indicating consent. It is further argued that contradictions exist between the statement recorded under Section 161 Cr.P.C. and the material collected during the investigation. Moreover, it is contended that the ingredients of Section 376D I.P.C. are not made out in view of the records collected from the hotel where the alleged incident is stated to have occurred. 4. Per contra, learned A.G.A. for the State opposes the application, submitting that the matter pertains to grave and serious offences, including gang rape and abduction, alleged to have been committed against a woman aged around 25 years by the applicant, who is approximately 55 years old. He further contends that there is no conclusive or legally admissible proof on record to establish a valid marriage between the applicant and the victim. He also submits that the contents of the FIR, as well as the statement of the victim recorded under Section 164 Cr.P.C., prima facie disclose the commission of offences punishable under Section 376D I.P.C. and other related provisions. Therefore, no case is made out for quashing the proceedings at the pre-trial stage. 5. Upon due consideration of the rival submissions and perusal of the case record, this Court is of the opinion that the arguments raised by the learned counsel for the applicant involve disputed questions of fact and evidence, which cannot be adjudicated upon in proceedings under Section 528 B.N.S.S. Such issues are to be appropriately examined by the trial court during the course of trial on the basis of the evidence adduced by both parties. At this stage, the materials on record, including the FIR, statements under Sections 161 and 164 Cr.P.C., and supporting documents, prima facie disclose the commission of cognizable offences including Section 376D I.P.C., and therefore do not warrant interference under the limited jurisdiction available under Section 528 B.N.S.S. 6. It is a well settled by the Supreme Court in State of Haryana v. Bhajan Lal, 1992 Supp (1) SCC 335, that the power to quash criminal proceedings should be exercised sparingly and only when the allegations in the FIR or charge sheet do not disclose any offence, or the proceedings are manifestly attended with mala fide or instituted maliciously. The present case does not fall within any such exception. 7. Accordingly, the application under Section 528 B.N.S.S. is devoid of merits and is hereby dismissed. Order Date :- 30.5.2025 A.N. Mishra (Vinod Diwakar,J.) Digitally signed by :- AMARNATH MISHRA High Court of Judicature at Allahabad