Neutral Citation No. - 2025:AHC:75732 Court No. - 71 Case :- APPLICATION U/S 482 No. - 2225 of 2025 Applicant :- Alok Verma And Another Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Shatrughan Yadav,Vinay Kumar Counsel for Opposite Party :- Shubham Kumar Singh,G.A.,Pankaj Sharma Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicants, Sri Satish Kumar, Advocate, holding brief of Sri Pankaj Sharma, learned counsel for the opposite party No.2, learned A.G.A. for the State and perused the record. 2. This application under Section - 482 Cr.P.C. has been filed for quashing of the entire proceedings, including summoning order dated 12.11.2024, of Complaint Case No. 418 of 2024, under Sections - 323, 504, 506 I.P.C., Police Station - Kotwali Mahoba, District - Mahoba, pending in the court of Chief Judicial Magistrate, Mahoba. 3. It is submitted by learned counsel for applicants that earlier the opposite party no.3 has lodged a first information report on 04.06.2023 against applicant no.1 under Section 366 I.P.C. regarding kidnapping of his daughter. In that matter the applicant no.1 was granted bail and after that the opposite party no.3 has lodged impugned complaint making false allegation that applicants have assaulted him. It was submitted that impugned complaint has been lodged with intention so that the bail granted to the applicant no.1 in earlier case may be cancelled. The medical examination report of opposite party no.3 / complainant has been conducted after three days of the alleged incident. Learned counsel has referred statement of complainant and of witnesses and submitted that no prima facie case is made out against applicants and impugned proceedings are malicious and thus, liable to be quashed. 4. Learned counsel for the opposite party no.2 has opposed the application and submitted that earlier the applicant no.1 has kidnapped the daughter of complainant and in that matter charge-sheet was submitted under Section - 366, 376 I.P.C. It was alleged that thereafter on 23.12.2023 applicants have threatened the complainant for not to oppose in that case and they have assaulted the complainant and resultantly he has sustained injuries. Referring to statement of complainant and of witnesses, it was submitted that a prima facie case is made out against 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 judgment 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, it appears from record that on 04.06.2023 the opposite party no.3 has lodged a first information report against applicant no.1 regarding kidnapping of his daughter. It was pointed out that in that matter during investigation Section - 376 I.P.C. was added and charge-sheet was filed under Section - 366, 376 I.P.C. The complainant has alleged that on 23.12.2023 at about 08:00 PM applicants have stopped him in the way and they have pressurized the complainant to compromise the earlier case and threatened for not making statement against him. It was further alleged that applicants have assaulted the complainant. The version of complainant is supported by his medical examination report, wherein four injuries have been shown on his person. The version of complainant is further supported by the statement of witnesses examined under Section - 202 Cr.P.C. The submissions raised by learned counsel for the applicants call for determination on questions of fact which may be adequately adjudicated upon only by the trial court and even the submissions made on points of law can also be more appropriately gone into only 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 - 482 Cr.P.C. Considering entire facts, no case for quashing of the impugned proceedings is made out. Hence the prayer as sought by the applicants is hereby refused. 8. However, it is directed that in case applicants move an application for discharge within a period of three weeks from today, the same shall be considered and decided expeditiously in accordance with law. For a period of three weeks from today and in case such an application is moved within the aforesaid period, till the disposal of such application, no coercive action shall be taken against applicants, provided applicants co-operate in early disposal of the discharge application. 9. The application u/s - 482 Cr.P.C. is disposed of in above terms. Order Date :- 9.5.2025 S Rawat Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad