HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 28781 of 2025 Court No. - 71 HON'BLE RAJ BEER SINGH, J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. This application under Section - 528 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as 'BNSS') has been filed for quashing of the entire proceedings, including charge-sheet dated 16.10.2021 as well as cognizance order dated 27.07.2023, of Case No. 14574 of 2023 (State Vs. Brijkishor Lodhi), arising out of Case Crime No. 231 of 2021, under Sections - 452, 354-A, 506 I.P.C., Police Station - Babina, District - Jhansi, pending in the court of Judicial Magistrate, Court No.2, Meerut. 3. It is submitted by learned counsel for applicant that applicant is innocent and he has been falsely implicated in this case. The informant / victim has not sustained any injury. There are contradictions in the statement of informant recorded under Section - 161 and 164 Cr.P.C.. It is further submitted that there is dispute between the parties on the issue of drainage and applicant has been falsely implicated due to that reason. The allegations, that applicant has molested the informant / victim, are wholly false. It was submitted that impugned proceedings are malicious and thus, liable to be quashed. 4. Learned A.G.A. has opposed the application and submitted that in view of allegations made in first information report and material on record, a Versus Counsel for Applicant(s) : Shiv Kumar Singh Counsel for Opposite Party(s) : G.A. Brijkishor Lodhi .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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. 7. Coming to the facts of the present case it appears that informant / victim has made allegation in the first information report that on the night of 02.09.2021 at about 01:00 AM, while she was sleeping at her house, applicant came into her house and did obscene acts against her. The informant awoke and raised an alarm and thereafter applicant ran away from the spot. In her statement recorded under Section - 161 and 164 Cr.P.C., informant / victim has supported the said prosecution version and stated that in the night applicant trespassed into her room and touched her and also put his hand under her 'saree'. In view of allegations made by opposite party no.2 / informant and material on record, it cannot be said that no prima facie case is made out. The submissions raised by learned counsel for the applicants 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 NA528 No. 28781 of 2025 2 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 first information report and the materials in support of the same, no case for quashing of impugned proceedings is made out. Accordingly, the prayer as made above is hereby refused. 9. However, it is directed that in case applicant appears / surrenders before the court concerned within a period of three weeks from today and applies for bail, his bail application shall be considered and decided expeditiously in accordance with settled law. For a period of three weeks from today or till the applicant appears / surrenders before the court conerned, whichever is earlier, no coercive action shall be taken against the applicant in the aforesaid case. 10. The application under Section 528 BNSS is disposed of in above terms. September 4, 2025 S Rawat NA528 No. 28781 of 2025 3 (Raj Beer Singh,J.) Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad