HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 35211 of 2025 Court No. - 79 HON'BLE ALOK MATHUR, J. 1. Heard Sri Ram Raj Patel, learned counsel for the applicant as well as learned AGA for the State of U.P. 2. By means of present application under Section 528 of the BNSS the applicant has prayed for quashing the proceedings pursuant to the Case Crime No. 518 of 2024, under |Sections 123, 142, 127(2), 641, 61(2), 115(2), 351(3) of BNS, Police Station - Janhgirabad, District, Bulandshahar. 3. According to the first information report, which has been lodged by opposite party no. 2 (Prosecutrix), it has been stated that she and her friend Annu who used to visit her house, on 10.08.2024, when the prosecutrix and her friend were going to Jahangirabad to purchase some goods, they met the accused who was sitting in a car and offered lift to both the girls. It has been next submitted that the prosecutrix that she knew the accused and also the fact that accused was a married person. The prosecutrix and her friend on the request of accused, sat in the car, who gave them some intoxicating substance due to which they became unconscious and when they gained conscious, the prosecutrix found that she was sexually assaulted and the fact that the accused has made her obscene video. The accused started blackmailing the prosecutrix and asked her to bring money and jewellery from her house and she complied. 4. It is next stated in the FIR that subsequently, the accused against the will of prosecutrix got married with her and the said marriage was also got registered and despite these facts, the accused continued to threaten the prosecutrix and also her family members. 5. It is further submitted that initially first information report was lodged by father of the prosecutrix when he found prosecutrix to be missing from house. Statement of prosecutrix was recorded in the present first information report where it has been stated that the previous statement was given by her when she was under coercion and Versus Counsel for Applicant(s) : Ram Raj Pandey, Shubham Pandey Counsel for Opposite Party(s) : G.A. Navdeep Sharma .....Applicant(s) State of U.P. and Another .....Opposite Party(s) threats extended by the accused and on the basis of which the proceedings against the accused were dropped. In the first information report prosecutrix has stated that it is on account of the obscene video which has been made by the accused, she was under threat. 6. It has been submitted by learned counsel for the applicant that statements of the prosecutrix have been wavering in both the criminal cases and accordingly, her statement could not be relied upon for his prosecution. 7. Learned A.G.A. has opposed the present application by submitting that from the statement of the prosecutrix and other material available on record, the culpability of the applicant-accused is evident and he could not get benefit of the previous statement of the prosecutrix, for which she has clearly stated in her subsequent statement that same was given by her under threat and coercion extended by the accused-applicant. 8. Considering the statement of the prosecutrix alongwith first information report as well as material available on record, this Court finds that very serious allegations have been levelled against the applicant with regard to sexual assault and making obscene video of the prosecutrix and also with regard to extorting money and valuable material from the prosecutrix on the pretext of the said video. 9. Accordingly, in view of above, no case is made out at this stage for quashing the proceedings under challenge the present application. 10. Present application being devoid of merits is dismissed. September 15, 2025 A. Verma NA528 No. 35211 of 2025 2 (Alok Mathur,J.) Digitally signed by :- ANURAG VERMA High Court of Judicature at Allahabad