Neutral Citation No. - 2025:AHC:61011 Court No. - 71 Case :- APPLICATION U/S 482 No. - 2629 of 2025 Applicant :- Siyaram And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amit Kumar Bind,Rajesh Kumar Bind 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 under Section 482 Cr.P.C. has been filed for quashing of entire proceedings, including summoning order dated 08.12.2023, of Criminal Misc. Case No.2210 of 2022 (Computer Case No.1311292 of 2022) (Bangali Vs. Siyaram and Others), under Sections 147, 323, 325, 504, 506 I.P.C., Police Station- Hathras Gate, District- Hathras, pending before the Court of Chief Judicial Magistrate, Hathras. 3. It has been submitted by learned counsel for the applicants that there is property related dispute between the parties and civil suit is pending between them. The impugned complaint has been lodged by the opposite party no.2, making false and baseless allegations. The injuries shown to the son of opposite party no.2 are false and manufactured. There are contradictions in the statement of complainant and of witnesses. Learned counsel has referred statement of complainant and of witnesses and submitted that no prima-facie case is made out against the applicants and impugned proceedings are liable to be quashed. 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 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. 7. In the instant matter, the opposite party no.2 / complainant has made allegations that on 09.09.2022 at about 12:30 PM the applicants trespassed into his property by breaking lock and damaged his household articles and they have assaulted the complainant and his son Kamal. In that connection a report was lodged on 03.11.2022. It was further alleged that on 04.11.2022 the applicants have again assaulted the complainant and his son Kamal and resultantly his son Kamal has sustained serious injuries, including fracture. It appears that the version of complainant is supported by the injury report of injured Kamal. In his statement under Section 202 Cr.P.C., said Kamal has also supported the version of complainant. It appears from record that injured Kamal has sustained fracture. In view of material on record, it can not be said that no prima-facie case is made out against applicants. 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. 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 the parties and perusing the impugned complaint and the materials in support of the same, no case for quashing of impugned proceedings is made out. Accordingly, the prayer as made above is hereby refused. 9. However, 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. 10. The application under Section 482 Cr.P.C. is disposed of in above terms. Order Date :- 23.4.2025 'SP'/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad