Neutral Citation No. - 2025:AHC:125957 Court No. - 79 Case :- APPLICATION U/S 528 BNSS No. - 25547 of 2025 Applicant :- Nitesh Kumar Sharma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sudhakar Shukla Counsel for Opposite Party :- G.A. Hon'ble Sandeep Jain,J. 1. Heard learned counsel for the applicant and the learned A.G.A. for the State-respondent. 2. This application u/s 528 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as BNSS) has been preferred for quashing the impugned order dated 17.02.2025 passed by the learned Additional District and Sessions Judge/F.T.C. (C.A.W.) Agra as well as the entire criminal proceedings of Sessions Trial No. 14290 of 2024 (State vs. Sri Nitish Kumar Sharma) arising out of Case Crime No. 258 of 2024 under Section 376 IPC, Police Station Tajganj, District Agra pending in the court of learned Additional District and Sessions Judge/F.T.C., Agra. Further prayer has been made to stay the further proceedings of Sessions Trial No. 14290 of 2024 (State vs. Sri Nitish Kumar Sharma) arising out of Case Crime No. 258 of 2024 under Section 376 IPC, Police Station Tajganj, District Agra pending in the court of learned Additional District and Sessions Judge/F.T.C., Agra. 3. Learned counsel for the applicant submits that the victim was major on the date of the alleged incident who had voluntarily established physical relations with the applicant. There was no deceit on the part of applicant as such no offence is made out against the applicant. With these submissions it was prayed that the charge framed against the applicant by the trial court under Section 376 IPC be quashed. 4. Learned A.G.A. has opposed the above prayer on the ground that prima facie the victim in her statements under Section 161 and 164 Cr.P.C. has deposed that physical relations were established by the applicant with her on account of false promise of marriage but the applicant never married the victim. 5. Learned A.G.A. submitted that the above statements of the victim prima facie prove the commission of offence of rape on part of the applicant. 6. I have perused the statements of the victim under Section 161 and 164 Cr.P.C. which prima facie disclose that the physical relations were established between the applicant and the victim on the promise of marriage but later on the applicant resiled and as such the FIR was got registered by the victim. On this ground, the trial court has framed charge under Section 376 IPC which is supported from the evidence available in the statements of the victim under Section 161 and 164 Cr.P.C. 7. In view of above, no illegality has been committed by the trial court in framing the charge under Section 376 IPC against the applicant. 8. This application u/s 528 BNSS is hereby rejected. Order Date :- 29.7.2025 Jaswant Digitally signed by :- JASWANT KUMAR High Court of Judicature at Allahabad