HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 36699 of 2025 Court No. - 79 (Sl.No.6) HON'BLE ANISH KUMAR GUPTA, J. 1. Heard Sri Virendra Kumar Maurya, learned counsel for the applicants, Sri Ashfaq Ahmad Ansari, learned counsel for opposite party no.2 and Sri Pankaj Srivastava, learned AGA for the State. 2. The instant application has been filed seeking quashing of the non- bailable warrant dated 28.08.2025 passed by the Additional Chief Judicial Magistrate, Court No.4, Saharanpur and the entire proceeding of Criminal Case No. 1056 of 2025 arising out of Case Crime No. 373 of 2024 under Section 115 (2), 352, 351(2), 85, 74 BNS and 3/4 D.P.Act, P.S. Gangoh, district Saharanpur. 3. Learned counsel for the applicants submits the opposite party no.2 was having a matrimonial dispute with her husband. All the other applicants were living separately though in the same house. Due to such matrimonial dispute between the opposite party no.2 and her husband, she has implicated all the applicants herein. Learned counsel for the applicants has further placed reliance upon the statement of alleged eye witness namely Vijay Kumar. According to him on the date of incident, there was an altercation between Aditya and his wife Poonam with the opposite party no.2 and in the said incident the opposite party no.2 sustained injuries. In the said incident, the applicants no.1 and 4 had also intervened. Relying upon the aforesaid statement of Vijay Kumar, learned counsel for the applicants submits that as per the statement of independent Versus Counsel for Applicant(s) : Rishi Kumar Prajapati, Virendra Kumar Maurya Counsel for Opposite Party(s) : Ashfaq Ahmed Ansari, G.A. Raj Kumar And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) witness the allegations of molestation or rape etc. are not sustainable against the applicants herein. Therefore, he seeks quashing of the entire proceeding of the instant case against the applicants. 4. Per contra, learned AGA submits that even the so called independent witness has categorically admitted the some incident took place on 24.08.2024 wherein physical assault was made on the opposite party no.2. In her 183 BNSS statement, the victim has categorically made the statement of rape against the applicant no.1 in which the applicant no.3 had participated and also made the video of the incident. They had also assaulted on the body of the opposite party no.2 and also on her private parts. With regard to the applicants no.2 and 4, she has made the categorical allegations that they have also abused her. In view of the aforesaid categorical allegations and averments made in 183 BNSS statement, no interference is called for in the instant case. 5. Having heard the rival submissions so made by learned counsel for the parties, this Court has gone though the record of the case. From the cumulative reading of the allegations as made in the FIR, which have been subsequently explained in 183 BNSS statement by the victim coupled with the evidence of independent witness Vijay Kumar, this Court finds a prima facie case made out against the applicants. 6. In view thereof, this Court does not find any good reason to entertain the instant application. The instant application is devoid of merits and is accordingly, dismissed in the light of judgments of Apex Court in R. P. Kapoor Vs. State of Punjab, AIR 1960 S.C. 866; State of Haryana v. Bhajan Lal, 1992 Supp (1) SCC 335 : 1992 SCC (Cri) 426] and Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra and Others : 2021 SCC OnLine SC 315. October 7, 2025 Ashish Pd. NA528 No. 36699 of 2025 2 (Anish Kumar Gupta,J.) Digitally signed by :- ASHISH PRASAD High Court of Judicature at Allahabad