Neutral Citation No. - 2025:AHC:31646 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 7329 of 2025 Applicant :- Faruk Azam And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Adarsh Singh,Indra Raj Singh Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for applicants and the learned A.G.A. for the State. 2. This application u/s 528 BNSS has been filed for quashing of the entire proceedings, including impugned order dated 29.01.2025, of Complaint Case No. 233 of 2023 (Parveen Bano Vs. Faruk Azam and Others), under Sections 323, 354, 451, 504 I.P.C., Police Station Khetasarai, District Jaunpur, pending in the court of Additional Chief Judicial Magistrate First Court No. 12, Jaunpur. 3. It has been submitted by learned counsel for the applicants that impugned complaint has been lodged making false and baseless allegations. On 09.06.2022 the applicant no. 2 has lodged a first information report regarding an incident dated 04.06.2022 against husband of opposite party no. 2 and others for offence under Sections 323, 504, 506, 427 I.P.C. and after that the opposite party no. 2 has lodged impugned complaint on 13.06.2022 as a counterblast. The injuries shown to the sons of complainant are false and manufactured. The injured persons have not been examined under Section 202 Cr.P.C. Referring to the facts of the matter, it was submitted that the impugned proceedings are malicious and counterblast and thus, liable to be quashed. 4. Learned A.G.A. has opposed the application and submitted that in the alleged incident complainant as well as her two sons have sustained injuries. The version of complainant is supported by injury reports of the injured persons. The version of complainant is further supported by witnesses examined under Section 202 Cr.P.C. 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, it appears that in incident dated 04.06.2022 both the parties have sustained injuries. The applicant no. 2 has lodged first information report on 04.06.2022 against husband of opposite party no. 2 and others. The opposite party no. 2 has filed an application under Section 156(3) Cr.P.C. on 13.06.2022 regarding the same incident. It appears that the complainant / opposite party no. 2 as well as her two minor children have sustained injuries. 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 of questions of fact, which may adjudicate upon by the Trial Court only and even the submissions made on point of law can also be more appropriately gone in to by the Trial Court. 8. In view of material on record, no case for quashing of impugned proceedings is made out. Accordingly the prayer made above is hereby refused. 9. However, keeping in view the facts of the matter, it is directed that in case applicants appear / surrender before the Trial Court concerned within a period of three weeks from today and apply for bail, their bail applications shall be considered and decided expeditiously in accordance with settled law. 10. The application under Section 528 BNSS is disposed of in above terms. Order Date :- 5.3.2025 SK Srivastava Digitally signed by :- SAILESH KUMAR SRIVASTAVA High Court of Judicature at Allahabad