Neutral Citation No. - 2025:AHC:39334 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 8676 of 2025 Applicant :- Tulsi Devi And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Javed Alam,Vikash Chandra Yadav 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 U/S 528 BNSS has been filed for quashing of the entire proceedings, including summoning order dated 22.10.2024, of Complaint Case No. 79 of 2023 (Ranjana Devi Vs. Tulsi Devi and others), under Sections 323, 504, 506 I.P.C., Police Station Soraon, District Prayagraj, pending in the court of A.C.J.M., Court No.9, Prayagraj. 3. It has been submitted by the learned counsel for the applicants that impugned complaint has been lodged by opposite party no.2 making false and baseless allegations. The allegation that applicants have assaulted the complainant are wholly false. There is no medical examination report of complainant to show that she has sustained any injury. The applicants have no motive at all to commit any such incident. It was submitted that applicants have been falsely implicated in this case merely because they are well off. Referring to facts of the matter, it was submitted that no prima facie case is made out against the applicants. 4. Learned A.G.A. has opposed the application and submitted that the complainant has made clear allegations that all the applicants have assaulted her. There are no reasons for false implication of the applicants. Statement of PW-2 Banke Lal, recorded under Section 202 Cr.P.C., was referred wherein he has stated that medical examination of his wife (complainant) was conducted at Primary Health Centre and she has sustained serious injuries. The complainant and witnesses have also stated that after incident police was also informed by making a telephonic call. 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 U/S 528 BNSS. 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 perusal of record shows that the opposite party no.2 has lodged impugned complaint alleging that she is a physically disabled lady and on account of previous dispute, the applicants came at her house and assaulted her. She has made a call to the police phone no.112 and police have sent her for medical examination. Her medical examination was conducted at Primary Health Centre, Soraon and she has sustained serious injuries but her report was not lodged. The complainant has supported the version in her statement under Section 200 Cr.P.C. The version of complainant is also supported by witnesses, examined under Section 202 Cr.P.C. In view of material on record, it could not be said that no prima facie case 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 U/S 528 BNSS. 7. After considering arguments raised by learned counsel for parties and perusing the impugned complaint and the material in support of the same, this Court does not find it to be a case which can be determined or gone into in an application U/S 528 BNSS. 8. The application U/S 528 BNSS is lacks merit and thus, liable to be dismissed. 9. The application U/S 528 BNSS is dismissed. Order Date :- 19.3.2025 RKM Digitally signed by :- RAJESH KUMAR MAURYA High Court of Judicature at Allahabad