Neutral Citation No. - 2025:AHC:73221 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 3405 of 2025 Applicant :- Kamal Singh And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- M.D. Yadav,Shiv Kumar Gupta Counsel for Opposite Party :- G.A.,Phool Singh Yadav,Vaibhav Yadav Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicants, Sri Vaibhav Yadav, learned counsel for the opposite party No.2, learned A.G.A. for the State and perused the record. 2. This application under Section - 528 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as BNSS) has been filed for quashing of the entire proceedings, including summoning order dated 19.11.2024, of Complaint Case No . 9616 of 2024, under Sections - 452, 323, 325, 324, 504 I.P.C., Police Station - Kotwali, District - Fatehpur, pending in the court of Additional Chief Judicial Magistrate, Court No.3, Fatehpur. 3. It is submitted by learned counsel for applicants that impugned complaint has been lodged making false and baseless allegations. Regarding an incident dated 29.03.2022 the applicant no.1 Kamal Singh has lodged a first information report on 31.03.2022 against opposite party no.2 and others for offence under Section - 306 I.P.C. and after about five months of the same, the opposite party no.2 has lodged impugned complaint as a counter blast. Learned counsel has referred the order passed on anticipatory bail application of Parul Singh Yadav, wherein it was argued on her behalf that she has sustained injuries due to fall from second floor of the house and got fractured her spinal cord. Referring to statement of complainant and of witnesses, it was submitted that impugned proceedings are wholly malicious and counter blast and thus, liable to be quashed. 5. Learned counsel for opposite party no.2 has vehemently has opposed the application and submitted that in the alleged incident, the applicants have trespassed into the house of complaint and assaulted the family members of complainant. In the said incident the daughter of complainant has sustained several injuries including fracture in spinal cord and she has become disabled. It was stated that in view of 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 applicants. 6. I have considered the rival submissions and perused the record. 7. 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. 8. In the instant matter, it appears that earlier the applicant no.1 Kamal Singh has lodged a first information report on 31.03.2022 against opposite party no.2 and others for offence under Section - 306 I.P.C. The incident of present case has been shown of 17.12.2023. In his statement under Section - 200 Cr.P.C., the complainant has stated that applicants have trespassed into his house and they have assaulted his family members and in the said incident the daughter of complainant has sustained several injuries. The version of complainant is supported by medical examination report of the daughter of complainant. As injuries have been shown to the daughter of complainant and that it appears that various questions of facts are involved thus, no case for invoking powers under Section - 528 BNSS is made out. 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 - 528 BNSS. 9. After considering arguments raised by learned counsel for parties and perusing the impugned complaint and the materials in support of the same, no case for quashing of impugned proceedings is made out, hence the prayer as made above is hereby refused. 10. 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. 11. The application under Section - 528 BNSS is disposed of in above terms. Order Date :- 7.5.2025 S Rawat Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad