HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 20244 of 2025 Court No. - 71 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 to as 'BNSS') has been filed for quashing of the entire proceedings, including charge-sheet dated 16.03.2024 and cognizance / summoning order dated 10.06.2024, of case crime no. 107 of 2022, under Sections 363, 406, 506, 323/34 IPC, P.S. Ecotech-III, District G.B. Nagar, pending in the court of A.C.J.M., G.B. Nagar. 3. It has been argued by learned counsel for the applicant that applicant is innocent and no prima facie case is made out against her. In fact the daughter of opposite party No. 2 / informant has not gone anywhere with applicant and that there are contradictions in the statements of witnesses. Alleged incident has been shown of 22.02.2022 but first information report has been lodged on 11.03.2022. After alleged disappearance of victim, no missing report or first information report was lodged. Learned counsel has referred the contents of first information report and statements of witnesses and submitted that no prima facie case is made out against the applicant and thus, the impugned proceedings are liable to be quashed. 4. Learned A.G.A. has opposed the application and argued that in view of the allegations made in the first information report and the material collected during investigation, a prima facie case is made out against the Versus Counsel for Applicant(s) : Amit Kumar, Vinod Kumar Tirpathi Counsel for Opposite Party(s) : G.A. Adiba .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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 judgement 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. In this connection, a reference may also be made to the case of R. Kalyani vs. Janak C. Mehta and Others, 2009 (1) SCC 516, Rupan Deol Bajaj vs. K.P.S. Gill (1995) SCC (Cri) 1059, Rajesh Bajaj vs. State of NCT of Delhi, (1999) 3 SCC 259 and Medchl Chemicals & Pharma (P) Ltd vs. Biological E Ltd. & Ors, 2000 SCC (Cri) 615. It has been held that if a prima facie case is made out disclosing ingredients of the offence, court should not quash the charge sheet/complaint. It is equally well settled that at this stage questions of fact cannot be examined and a mini trial cannot be held. 7. In the instant matter perusal of record shows that the informant has made allegations that she has scolded her 14 years old daughter in relation to her study and that on 22.02.2022 applicant along with her sister enticed the daughter of informant and took her away. She has also taken Rs. 20,000/- and some jewellery from the house of informant. Later the daughter of informant was left near hostel, where victim was studying and after that a case was registered. In her statement under Section 164 Cr.P.C. victim has stated that she was called by applicant and her sister and they enticed her by saying that her mother often used to scold her and at their instance, victim brought Rs. 20,000/- and some jewellery from her home and applicant and her sister took her to Jalpura and she was kept NA528 No. 20244 of 2025 2 there for two days. She has further alleged that she was asked to read 'Kuran'. The submissions raised by learned counsel for the applicant call for determination on questions of fact, which may adequately be discerned / adjudicated only by the trial court. Even the submissions made on point of law can also be more appropriately gone into by the trial court. In the instant matter, in view of the allegations made in the first information report and and statement of victim and other material on record, it cannot be said that no prima facie case is made out against the applicant. Hence, no case for quashing of impugned proceedings is made out and the present application under Section 528 BNSS lacks merit and thus, liable to be dismissed. 8. The application under Section 528 BNSS is accordingly dismissed. August 26, 2025 Anand NA528 No. 20244 of 2025 3 (Raj Beer Singh,J.) Digitally signed by :- ANAND VERMA High Court of Judicature at Allahabad