Neutral Citation No. - 2025:AHC:122478 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 23081 of 2025 Applicant :- Kuldeep Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajiv Sharma 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. This application u/s 528 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as 'BNSS') has been filed for quashing of the entire proceedings, including charge-sheet dated 21.06.2024 as well as cognizance / summoning order dated 04.06.2024, of Case No. 243 of 2025 (State Vs. Kuldeep), arising out of Case Crime No.0111 of 2024, under Sections 354, 506, 323 IPC, P.S.- Kadadham, District- Kaushambi, pending in the court of A.C.J.M., Kaushambi. 3. It has been submitted by learned counsel for the applicant that first information report of this case has been lodged making false and baseless allegations. Referring to tehreer submitted by informant, it was submitted that it appears it was written at the instance of some other person. In the first information report, the informant has made allegation that while she was sleeping at her house, applicant, who runs a medical store in nearby, came and touched her whole body with bad intention but in her statement during investigation she has made improvement and stated that applicant has also slapped her. Informant has not sustained any injury. It was stated that ingredients of offence under Sections 354, 323, 506 IPC are not satisfied and no prima-facie case is made out. There is no evidence to support the allegation of victim and there is no evidence to indicate intention of applicant. Referring to facts of the matter and statement of informant, it was submitted that no prima-facie case is made out against the applicant. 4. Learned AGA has opposed the application and submitted that in view of allegations made in first information report and materials on record, a prima-facie case is made out against 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 the informant has made clear allegations in the first information report that applicant is running a medical shop in her neighbourhood. On 30.05.2024 while she was sleeping at her house, applicant came there and sat at her cot and caught her hand with bad intention. When informant awoke and resisted, applicant has touched her whole body with bad intention and when informant raised alarm, he ran away extending threat. The informant has supported said version in her statement recorded under Sections 161 Cr.P.C. & 164 Cr.P.C. 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. 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 528 BNSS. 8. After considering arguments raised by learned counsel for the parties and perusing the impugned first information report and materials on record, no case for quashing of impugned proceedings is made out. Hence, the prayer sought above is hereby refused. 9. However, it is directed that in case applicant moves an application for discharge before the trial court concerned within a period of three weeks from today, the same shall be considered and decided expeditiously in accordance with law by the court concerned. It is further directed that for a period of three weeks from today and in case such an application for discharge is filed within the aforesaid period, till the disposal of discharge application, no coercive action shall be taken against the applicant, provided the applicant cooperates in early disposal of discharge application. 10. With the aforesaid observations, the application u/s 528 BNSS is disposed of. Order Date :- 25.7.2025 'SP'/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad