Neutral Citation No. - 2025:AHC:129058 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 23197 of 2025 Applicant :- Amit Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pawan Kumar 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 to as 'BNSS') has been filed for quashing of the entire proceedings, including charge-sheet dated 26.03.2024 and cognizance / summoning order dated 01.05.2024, of criminal case no. 5702 of 2024, arising out of case crime no. 168 of 2024, under Sections 354(K)-II, 452 IPC, P.S. Hapur Nagar, District Hapur, pending in the court of C.J.M., Hapur. 3. It has been argued by learned counsel for the applicant that applicant is innocent and no prima facie case is made out against him. There are contradictions in the first information report as well as in the statement of opposite party No. 2 / informant and that the allegations levelled by the informant are wholly false. It was submitted that in the first information report it was mentioned that applicant was apprehended at the spot by public persons and in that process he has sustained several injuries but there is no medical examination report of applicant. It was further submitted that in fact applicant was a friend of husband of informant. The husband of informant has since passed away. Applicant has lended some amount to the husband of informant and when he demanded his money back, it was not returned back and he has been falsely implicated in this case due to that reason. Referring to the facts of the matter, it was submitted that the impugned proceedings are malicious and thus, liable to be quashed. 4. Learned A.G.A. has opposed the application and argued that in the first information report as well as in the statement of informant there are clear allegations that applicant has trespassed into her house and did obscene acts and told that he has to do sex with her. It was submitted that applicant was arrested at the spot. It was further submitted 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 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 clear allegations that applicant has trespassed into her house and did obscene talks and told that he would establish physical relation with her. 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 the material collected during investigation, 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. Order Date :- 1.8.2025 Anand Digitally signed by :- ANAND VERMA High Court of Judicature at Allahabad