Neutral Citation No. - 2025:AHC:41497 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 9159 of 2025 Applicant :- Sanjay Patel Opposite Party :- State of U.P. and Another Counsel for Applicant :- Krishna Kant Mishra,Rama Nand Shukla Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. This application under Section 528 Bharatiya Nagarik Suraksha Sanhita, has been preferred for quashing of entire proceedings, including summoning order dated 17.08.2022 as well as order dated 07.01.2025, of Complaint Case No.2742 of 2017 (Surendra Singh Vs. Sanjay Patel and others), under Section 323 I.P.C., Police Station- Ghoorpur, District- Allahabad, pending before the Court of Judicial Magistrate-3rd, Allahabad. 3. It has been submitted by learned counsel for the applicant that the impugned complaint has been lodged by the opposite party no.2, making false and baseless allegations. There is no injury report of complainant. The allegation that applicant has assaulted the complainant, is wholly false. There are contradictions in statement of complainant and of witnesses. It was submitted that no prima facie case is made out and the impugned proceedings are liable to be quashed. 4. Learned A.G.A. has opposed the application and submitted that in view of allegations made in the complaint and 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 the applicant. 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 judgement 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. In this connection, a reference may also be made to the case of R. Kalyani vs. Janak C. Mehta and Others, 2009 (1) SCC 516, Rupan Deol Bajaj vs. K.P.S. Gill (1995) SCC (Cri) 1059, Rajesh Bajaj vs. State of NCT of Delhi, (1999) 3 SCC 259 and Medchl Chemicals & Pharma (P) Ltd vs. Biological E Ltd. & Ors, 2000 SCC (Cri) 615. It has been held that if a prima facie case is made out disclosing ingredients of the offence, court should not quash the charge sheet/complaint. It is equally well settled that at this stage questions of fact cannot be examined and a mini trial cannot be held. 7. In the instant matter, perusal of record shows that the complainant has made allegation on the night of 05.08.2017 the opposite party no.2 has seen the applicant and one Krishna Kumari in objectionable condition and when he objected, they have assaulted him with leg and fists. The version of complainant is supported by the witnesses examined under Section 202 Cr.P.C. The submissions raised by learned counsel for the applicant call for determination on questions of fact, which may adequately be discerned/adjudicated only by the trial court. Even the submissions made on point of law can also be more appropriately gone into by the trial court. In view of material on record, it cannot be said that no prima facie case is made out against the applicant. Hence, the prayer as sought above is hereby refused. 8. However, keeping in view the facts of the matter, it is directed that in case, applicant appears/ surrenders before the court concerned within a period of three weeks from today and applies for bail, his bail application shall be considered and decided expeditiously in accordance with settled law. For a period of three weeks from today or till the applicant surrenders before the court below, whichever is earlier, no coercive action shall be taken against the applicant in the aforesaid case. 9. With the aforesaid observations, the application under Section 528 B.N.S.S. is disposed of. Order Date :- 21.3.2025 'SP'/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad