Neutral Citation No. - 2025:AHC:6149 Court No. - 73 Case :- APPLICATION U/S 482 No. - 32862 of 2024 Applicant :- Ramkesh And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Girja Shanker Sen,Krishna Dutt Awasthi Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicants and learned A.G.A. for the State. 2. This application u/s 482 Cr.P.C. has been filed for quashing of entire proceedings, including summoning order dated 27.06.2024, of Complaint Case No. 786 of 2022 (Premlata Vs. Ramkesh and others), under Sections 323, 506, 427 IPC, P.S.- Bisauli, District- Budaun, pending in the court of Judicial Magistrate, Bisauli, Budaun. 3. It has been submitted by learned counsel for the applicants that applicants are innocent and no prima-facie case is made out against the applicants. The allegations made by complainant are wholly false. The complainant or her husband has not sustained any injury. There are contradictions in the statement of complainant recorded under Section 200 Cr.P.C. and of witnesses recorded under Section 202 Cr.P.C. The impugned complaint has been instituted with mala-fide intention. Learned counsel has referred statements of complainant and of witnesses and submitted that no case is made out against the applicants. 4. Learned A.G.A. has opposed the application and submitted that in view of allegations made in the complaint and statement of complainant recorded under Section 200 Cr.P.C. and statements of witnesses recorded under Section 202 Cr.P.C., a prima-facie case is made out against the applicants. 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. In this connection, a reference may also be made to the case of R. Kalyani vs. Janak C. Mehta and Others, 2009 (1) SCC 516, Rupan Deol Bajaj vs. K.P.S. Gill (1995) SCC (Cri) 1059, Rajesh Bajaj vs. State of NCT of Delhi, (1999) 3 SCC 259 and Medchl Chemicals & Pharma (P) Ltd vs. Biological E Ltd. & Ors, 2000 SCC (Cri) 615. It has been held that if a prima facie case is made out disclosing ingredients of the offence, court should not quash the charge sheet/complaint. It is equally well settled that at this stage questions of fact cannot be examined and a mini trial cannot be held. 7. In the instant matter, perusal of record shows that in her statement under Section 200 Cr.P.C., the complainant has made allegations that on 17.06.2022 while her construction was going on, applicants came there and assaulted her husband with lathi and sticks and she was also assaulted and her blouse was torn. This version is supported by the husband of complainant examined under Section 202 Cr.P.C., as well as by another witness Suresh Chandra. 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. In the instant matter, in view of allegations made in the complaint and statement of complainant recorded under Section 200 Cr.P.C. and statements of witnesses recorded under Section 202 Cr.P.C., it cannot be said that no prima facie case is made out against the applicants. Hence, the prayer as sought above, is hereby refused. 8. However, keeping in view the facts of the matter, it is directed that in case, applicants appear/ surrender before the court concerned within a period of three weeks from today and apply for bail, their bail application shall be considered and decided expeditiously in accordance with settled law. For a period of three weeks from today or till the applicants surrender before the court below, whichever is earlier, no coercive action shall be taken against the applicants in the aforesaid case. 9. With the aforesaid observations, the instant application is disposed of. Order Date :- 15.1.2025 'SP'/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad