HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 27783 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard Sri Aun Haider, learned counsel for the applicants, Sri Firoz Haider, learned counsel for opposite party no. 2 and learned A.G.A. for the State. 2. The present application under Section 528 BNSS, has been filed for quashing the charge sheet dated 3.11.2023 along with cognizance order dated 18.1.2024 as well as entire proceeding of Case no. 50 of 2024 (State vs. Mohd. Raza @ Monis Raza and others) (arising out of Case Crime no. 227 of 2023) under sections 323, 504, 506 IPC, PS- Karari, District Kaushambi. 3. While assailing entire proceeding in shape of charge sheet and cognizance order, it is contended by learned counsel for applicant that applicant has been falsely implicated in the present case. Opposite party no. 2 has falsely implicated the whole family of applicant no. 1 due to matrimonial dispute between applicant no. 1 and his wife. Present FIR has been lodged after some delay which has not been satisfactorily explained. All the injuries sustained by the injured are simple in nature, hence the entire proceeding is liable to be set aside. It is also submitted that applicants have already been granted bail. 4. Sri Firoz Haider, learned counsel for opposite party no. 2 and learned A.G.A. for the State vehemently opposed the prayer sought through instant application. Versus Counsel for Applicant(s) : Aun Haider Counsel for Opposite Party(s) : Firoz Haider, G.A. Mohd Raza Alias Monis And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 5. After hearing the submissions made by the learned counsel for the parties and upon perusal of the record, it is observed that applicants have already been granted bail, prima facie it cannot be said that no offence is made out against the applicants. Merely the ground that present dispute arises out of matrimonial dispute does not warrant interference of this Court. 6. The assertions of false implication raised by the applicant are factual issues that requires proper adjudication by the trial court based on evidence and cannot be conclusively determined in proceedings under Section 528 BNSS. In proceeding u/s 528 BNSS, this Court is not inclined to hold mini- trial. It is well settled that the inherent powers under Section 528 BNSS are to be exercised sparingly and with caution, primarily to prevent abuse of the process of the court or to secure the ends of justice. In the instant case, no sufficient ground have been made out to invoke the extraordinary jurisdiction of this Court under Section 528 BNSS. 7. In view of the foregoing, the application under Section 528 BNSS is devoid of merits and is accordingly dismissed. However, applicants are directed to appear before learned court concerned and cooperate with trial proceedings and avail whatever remedy available at law. October 13, 2025 Shaswat NA528 No. 27783 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad