Court No. - 79 Case :- APPLICATION U/S 528 BNSS No. - 26479 of 2025 Applicant :- Dr. Shoieb Khan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abhishek Krishna Counsel for Opposite Party :- G.A. Hon'ble Sandeep Jain,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The present application under Section 528 of B.N.S.S. has been filed to quash the entire criminal proceeding of S.T. No. 705/2024 including impugned charge-sheet No. 01 dated 28.03.2024, arising out of case crime no. 26/2024 U/s 376(2)(n) IPC, P.S. Rail Bazar, District Kanpur Nagar, pending in the court of Learned Additional Session Judge, Court No. 20, Kanpur Nagar and also to quash the cognizance order dated 01.05.2024 as well as the order dated 28.02.2025 whereby learned trail court framing charge on the basis of conjecture and surmises. 3. Learned counsel for the applicant submits that the victim is a major educated divorcee lady, who willingly established friendly relationship with the applicant and thereafter they had consensual physical relations between them. As such, no offence of rape is made out against the applicant. Learned counsel further submitted that the victim was fully aware of all the consequences of her act and as such, at this stage, it cannot be said that the applicant has sexually exploited her. With theses submissions, it is prayed that the entire proceedings of S.T. No. 705/2024 be quashed. 4. Learned A.G.A. submitted that prima facie sufficient evidence is available on record to suggest that on the false promise of marriage, physical relations were established between the applicant and victim. Subsequently, the applicant refused to solemnize marriage with the victim, who was a divorcee. It is further submitted that initially the applicant concealed that he was already married and as such from the inception, deceit was practiced by the applicant. With theses submissions, it is prayed that the present application be rejected. 5. Considering the facts and circumstances of the case and from the recital of the F.I.R., statement of victim recorded under Sections 161 & 164 Cr.P.C., it is evident that the friendship between the victim and the applicant started in the year 2013 and at that time the applicant concealed that he was already married and as such, the friendship between them flourished. Subsequently, the marriage of the victim broke down and after that the applicant promised that he will solemnize marriage with the victim but failed to fulfill his commitment. It is also evident that physical relations between the applicant and the victim were established on the false promise that the applicant will marry her but this was never fulfilled. It is also apparent that during this relationship, the applicant took monetary advantage from the victim. 6. At this stage, only a prima facie evidence available in the case diary is to be looked upon and further all the averments submitted by learned counsel for the applicant require careful appreciation of evidence which is only possible after the trial is concluded. There is no good ground to quash the proceedings. The trial court has rightly framed charge under Section 376 (2)(n) I.P.C. against the applicant. 7. In view of the above, it is not a fit case for exercising discretionary jurisdiction under Section 528 of B.N.S.S. 8. Accordingly, the present application is dismissed. 9. Registrar (Compliance) is directed to send a copy of this order to the trial court. Order Date :- 1.8.2025 Jitendra Digitally signed by :- JITENDRA KUMAR PATEL High Court of Judicature at Allahabad Digitally signed by :- JITENDRA KUMAR PATEL High Court of Judicature at Allahabad Digitally signed by :- JITENDRA KUMAR PATEL High Court of Judicature at Allahabad