Neutral Citation No. - 2025:AHC:114806 Court No. - 79 Case :- APPLICATION U/S 528 BNSS No. - 21382 of 2025 Applicant :- Shaukeen And Another Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Shams Uz Zaman Counsel for Opposite Party :- G.A. Hon'ble Prashant Kumar,J. 1. Heard Sri Shams Uz Zaman, learned counsel for the applicants, Sri Shashidhar Pandey, learned A.G.A. for the State-O.P. no.1 and perused the record. 2. The present application under Section 528 BNSS has been filed by the applicants praying for quashing of the chargesheet dated 20.02.2025 and cognizance order dated 19.03.2025 passed by the Special Judge (POCSO)/Additional District and Sessions Judge, Aligarh in connection with Case Crime No.34 of 2025, under Sections 137(2), 87, 351(2), 352, 64 of BNS and Section 3/4 of POCSO Act, P.S. Gabhana, District Aligarh. 3. In the instant matter, an FIR was lodged by O.P. no.2 against the applicants on 05.02.2025 alleging that the applicant no.1 abducted his minor daughter and when the informant approached the family members of applicant no.1, he was subjected to threat and assault. In the said matter after investigation chargesheet was filed and the Court has taken cognizance vide order dated 19.03.2025. The entire proceedings have been challenged in this application. 4. Learned counsel for the applicants submitted that as per educational certificates the age of the victim is 18 years hence, the summoning order is incorrect. He further submits that in the statements recorded under Sections 180 and 183 BNSS, the victim has stated that she went with the applicant willingly and solemnized marriage with him. The marriage has also been registered on 30.01.2025. He next contended that the instant proceedings is nothing else but a pure abuse of process of law. Further submission is that no offence against the applicants is disclosed and the court below has utterly failed to consider that no prima facie case is made out against the applicants. 5. Per contra, learned A.G.A. vehemently opposed the application and contended that the victim is minor girl and as per transfer certificate her date of birth is 20.08.2008, however, false and fabricated documents were prepared by the applicants and shown to have born on 20.08.2006 and solemnized marriage with minor girl. He further submits that the marriage certificate has wrongly been issued showing her as 18 years. It is further submitted that the Court below has rightly summoned the applicants and no interference is required by this Court in the impugned order as well as the on going proceedings. 6. From the perusal of material on record and looking into the facts of the case at this stage it cannot be said that prima facie no offence is made out against the applicants. The transfer certificate shows that the girl is minor aged about 16 years and no marriage can be solemnized. Even if the marriage is solemnized, proceedings may be initiated against the people, who are involved in obtaining the marriage certificate stating that the date of birth of the girl is 20.08.2006. The educational certificate, which is said to be valid document for the date of birth of the girl shows her date of birth as 20.08.2008. The cognizance order has been issued after perusing the material collected during investigation of the case. The arguments raised by learned counsel for the applicants are all disputed question of fact, which cannot be adjudicated upon by this Court under Section 528 BNSS. 7. At this stage only prima facie case is to be seen in the light of the law laid down by Hon'ble Supreme Court in the matters of State of Haryana Vs. Bhajan Lal 1992 Supp (1) SCC 335, M/s Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra, AIR 2021 SC 1918, R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, State of Bihar Vs. P.P.Sharma, 1992 SCC (Cr.) 192, and lastly, Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283 has held that only those cases in which no prima facie case is made out can be considered in an application under Section 528 BNSS. 8. The instant application does not fall under the guidelines laid down by the Hon'ble Supreme Court in the judgments mentioned above, and followed in a number of matters. Moreover, the facts as alleged cannot be said that, prima facie, no offence is made out against the applicants. It is only after the evidence and trial, it can be seen as to whether the offence, as alleged, has been committed or not. 9. Hence, the instant application cannot be entertained and is, accordingly, dismissed. 10. However, it is open for the applicants to take all its defence in the trial. 11. Superintendent of Police, Aligarh is directed to take anction and investigate as to how the marriage can be registered by using the fake documents to show her date of birth as of 20.08.2006 and, accordingly, submit its report to this Court by the next date of listing. 12. List this matter on 07.08.2025. 13. Registrar (Compliance) of this Court is directed to send a copy of this order to the trial Court as well as the Superintendent of Police, Aligarh within one week. Order Date :- 16.7.2025/S.P. Digitally signed by :- SANJAY PURI High Court of Judicature at Allahabad