HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 30997 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 entire proceedings, including charge sheet dated 10.07.2025 as well as cognizance order dated 11.07.2025, of Case No. 10126 of 2025 (State Vs. Ritesh Kumar), arising out of Case Crime No. 50 of 2025, under Sections - 308(5), 351(2) B.N.S., Police Station - Kotwali, District- Moradabad, pending before the Court of Judicial Magistrate, Moradabad. 3. It is submitted by learned counsel for the applicant that applicant is innocent and no prima facie case is made out against him. Applicant and the daughter of informant were in relationship and that often they used to exchange money with each other. The allegation that applicant has taken some photographs of victim or threatened to make them viral, is wholly false. Similarly the allegation that applicant has extorted money from victim or that he was pressurizing her to marry with him, are also false. Learned counsel has referred copy of online transactions and submitted that in fact on various occasions applicant has transferred amount to the victim. The marriage between applicant and victim could not be solemnized as applicant belongs to a lower caste. Referring to facts of the Versus Counsel for Applicant(s) : Pushpa Joshi, Siddhant Sahai Counsel for Opposite Party(s) : G.A. Ritesh Kumar .....Applicant(s) State of U.P. and Another .....Opposite Party(s) matter, it was submitted that impugned proceedings are 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 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. In the instant matter the informant has lodged first information report alleging that his daughter as well as applicant were studying in same institution and there was love affair between them. On that account applicant has taken photographs of daughter of informant / victim and extracted an amount of Rs. 50,000/- by threatening that if amount was not given, the photographs of victim would be made viral. Applicant was also pressurizing the victim to marry with him and when she refused, he has threatened her to make the photographs viral. It was further alleged that on 13.05.2025 applicant has came to meet victim in order to extract an amount of Rs. one lakh but he was caught by the informant and others. In her statement recorded under Section - 180 BNSS, victim has supported NA528 No. 30997 of 2025 2 the said version. In view of allegations made in the first information report, statement of victim and material on record, it can not be said that no prima-facie case is made out against applicant. 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. The application under Section 528 BNSS lacks merits and thus, liable to be dismissed. 9. Accordingly, the application u/s 528 BNSS is dismissed. September 19, 2025 S Rawat NA528 No. 30997 of 2025 3 (Raj Beer Singh,J.) Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad