Neutral Citation No. - 2025:AHC:30332 Court No. - 73 Case :- APPLICATION U/S 482 No. - 39312 of 2024 Applicant :- Natthu And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ram Raksha Tiwari 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 the entire proceedings, including summoning order dated 18.07.2024, of Special Criminal Case No. 441 of 2023, under Sections 452, 354, 386, 323, 504, 506 I.P.C., Police Station Naraini, District Banda, pending in the court of Additional District & Sessions Judge/Special Judge, (D.A.A.), Banda. 3. It has been argued by the learned counsel for the applicants that dispute between the parties relates to drainage and that the impugned complaint has been lodged making false and baseless allegations. The opposite party No. 2 has filed an application under Section 156(3) Cr.P.C., which was registered as a complaint case. The allegation that applicants have trespassed into the house of complainant or assaulted the complainant or her family members, is wholly false. There are contradictions and infirmities in the prosecution version. Referring to the facts of the matter, it was submitted that applicants have been falsely implicated due to enmity and that no prima facie case is made out against the applicants. 4. Learned A.G.A. has opposed the application and submitted that in view of the allegations made in the complaint and in the statement of complainant, recorded under Section 200 Cr.P.C., as well as in the 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 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 perusal of record shows that opposite party No. 2/complainant has lodged the impugned complaint, alleging that earlier she has made a complaint to the police against the applicant No. 1 Natthu and after that on 18.09.2023 at about 09:00 PM applicants armed with lathi, axe, knife etc. trespassed into her house and assaulted her and they also outraged her modesty. It appears that the version of complainant is supported by the witnesses, examined under Section 202 Cr.P.C. In the impugned summoning order, it has been mentioned that the medical examination report of injured was filed but the same has not been brought on record in the present application under Section 482 Cr.P.C. In view of material on record, it cannot be said that no prima facie case is made out against the applicants. The submissions raised by learned counsel for the applicants call for determination of 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. 8. After considering arguments raised by learned counsel for parties and perusing the impugned complaint and the materials in support of the same, this Court does not find it to be a case which can be determined or gone into in an application under Section 482 Cr.P.C. Accordingly, the prayer as made above is hereby refused. 9. However, it is directed that in case applicants appear/surrender before the trial 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 appear/surrender before the court concerned, whichever is earlier, no coercive action shall be taken against the applicants. 10. The application under Section 482 Cr.P.C. is disposed of in above terms. Order Date :- 4.3.2025 Anand Digitally signed by :- ANAND VERMA High Court of Judicature at Allahabad