1. Heard learned counsel for the applicant and learned A.G.A. for the State.
2. This application under Section 528 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as BNSS) has been filed for quashing of entire proceedings, including summoning order dated 25.04.2024, of Complaint Case No.8638 of 2022 (Smt. Renu Vs. Shivpal Singh), under Sections 354, 323 I.P.C., Police Station- Mahila Thana, District- Auraiya, pending before the Court of Civil Judge (J.D.)/F.T.C. (C.W.C.), Auraiya.
3. It has been submitted by learned counsel for the applicant that the applicant is brother-in-law (devar) of complainant and the impugned complaint has been lodged by the opposite party no.2, making false and baseless allegations. It was pointed out that several allegations have been made in the impugned complaint but the same were not supported by the complainant in her statement recorded under Section 200 Cr.P.C. Referring to facts of the matter, it was submitted that ingredients of offence under Section 354 IPC are not made out and that there is nothing to show that applicant has any mens rea or he has applied any force. In this connection learned counsel has referred case of Naresh Aneja @ Naresh Kumar Aneja Vs. State of Uttar Pradesh & Anr. 2025 INSC 19. It was pointed out that husband of opposite party no.2 has passed away in the year 2017 and there is nothing to show that before impugned complaint, the complainant has made any complaint against applicant. The complainant has not sustained any injury. Learned counsel has referred statement of complainant recorded under Section 200 Cr.P.C. and of witnesses examined under Section 202 Cr.P.C. and submitted that the statements under Section 202 Cr.P.C. are not in consonance with version of complainant. Referring to facts of the matter, it was submitted that no prima-facie case is made out against the applicant.