Neutral Citation No. - 2025:AHC:33534 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 7599 of 2025 Applicant :- Parshuram And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Chandan Singh Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record. 2. This application u/s 528 BNSS has been filed for quashing of the entire proceedings, including summoning order dated 02.05.2022, of Complaint Case No. 509 of 2022 (Bheem Vs. Parshuram & Others), under Sections - 323, 504, 506 I.P.C., Police Station - Kothipar, District - Maharajganj, pending in the court of Civil Judge (Junior Division), F.T.C.-1, Maharajganj. 3. It is submitted by learned counsel for the applicants that applicant no.1 and opposite party no.2 are real brothers and there was property related dispute between them. Regarding that dispute, a civil suit was pending and that impugned complaint has been lodged by the opposite party no.2 making false allegations. The allegations that applicants have outraged modesty of the wife of complainant or assaulted the complainant and his wife are wholly false. Referring to facts of the matter, it was submitted that no prima facie case is made out against 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 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 of State of Haryana and others Vs. Ch. Bhajan Lal AIR 1992 SC 605, Hon'ble Supreme Court has carved out certain guidelines, wherein FIR or proceedings may be quashed but cautioned that the power to quash F.I.R. 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 has lodged impugned complaint against applicants, alleging that on 14.01.2022 on issue of putting some obstruction in front of shop of the complainant, the applicants have assaulted the complainant. When wife of complainant tried to save him, she was also assaulted by the applicants. The version of complainant is supported by his wife, who has been examined under Section - 202 Cr.P.C., and she has made allegations that applicants have assaulted her and her husband and they have touched private parts of her body. In view of material on record, it cannot be said that no prima facie case is made out against applicants. The civil suit was stated pending between the parties but the incident in question relates to a specific incident of assault. 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. 8. 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. The application u/s - 528 BNSS lacks merit and thus, liable to be dismissed. 9. The application u/s 528 BNSS is accordingly dismissed. Order Date :- 7.3.2025 S Rawat Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad