Neutral Citation No. - 2025:AHC:30372 Court No. - 73 Case :- APPLICATION U/S 482 No. - 39331 of 2024 Applicant :- Ajay Yadav Alias Ajay Prakash Yadav And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Chandra Bhushan Singh 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 05.09.2024, of Complaint Case No. 3010 of 2024, under Sections 323, 392 I.P.C., Police Station Mehanazpur, District Azamgarh, pending in the court of A.C.J.M., Court No. 13, Azamgarh. 3. It has been argued by the learned counsel for the applicants that the impugned complaint has been lodged by making false and baseless allegations. The opposite party No. 2/complainant has filed an application under Section 156(3) Cr.P.C., wherein police have submitted report that there was dispute between the parties on account of cheque of Rs. 10 lacs, which was dishonoured. In the police report, it was also mentioned that the applicants have dashed their motorcycle against the vehicle of complainant and after that a quarrel has taken place between them. Referring to the statements of complainant and of witnesses and other material on record, it was submitted 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 the opposite party No. 2/complainant has made allegations in the impugned complaint that on 16.08.2022 at about 05:00 PM applicants along with some other persons stopped the complainant and assaulted him with legs, fists and shoes and they have snatched his golden chain from his neck and also damaged his motorcycle. The complainant has supported this version in his statement, recorded, under Section 200 Cr.P.C. The version of complainant is further supported by witnesses, examined under Section 202 Cr.P.C. In medical examination report, eight injuries have been shown on the body of complainant. 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 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. 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. The application u/s 482 Cr.P.C. lacks merit and thus, liable to be dismissed. 9. The application u/s 482 Cr.P.C. is accordingly dismissed. Order Date :- 4.3.2025 Anand Digitally signed by :- ANAND VERMA High Court of Judicature at Allahabad