Neutral Citation No. - 2025:AHC:45207 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 9582 of 2025 Applicant :- Smt Shamim Begum And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anwar Hussain 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 under Section 528 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as B.N.S.S.) has been filed with the prayer to quash the entire proceedings, including summoning order dated 06.10.2022, of Complaint Case No. 8350 of 2021 (Ali Arif Vs. Shamim Begum and others), under Sections 323, 504, 506, 452, 420 IPC, P.S.- Rasulpur, District- Firozabad, pending in the court of Chief Judicial Magistrate, Firozabad. 3. It has been submitted by learned counsel for the applicants that the impugned complaint has been lodged, making false and baseless allegations. In fact the disputed property was already in possession of the bank. It was submitted that opposite party no.2 and deceased husband of applicant no.1, namely, Samiuddin used to do business of money lending. For that purpose loan was obtained on the residential property in the name of wife of Samiuddin (applicant herein) and deceased Samiuddin has stood guarantor of said loan. After Samiuddin has passed away, the impugned complaint was lodged with mala-fide intention in order to evade payment of loan obtained from bank. It was submitted that submitted that no cheque was issued by the applicants in favour of the complainant. Referring to the facts of the matter, it was submitted that dispute between the parties is purely civil in nature and no prima-facie case is made out against the applicants. 4. Learned A.G.A. has opposed the application and submitted that one cheque of Rs. 3 lakhs and another cheque of Rs.8 lakhs were issued by the applicants in favour of complainant, to return the consideration amount of the complainant but the cheque of Rs.3 lakhs was found forged and the said cheque was not issued by the concerned bank. The cheque of Rs.8 lakhs was also dishonoured. 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 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, there are allegations of cheating and forgery against applicants. It was alleged that even a forged cheque was issued by the applicants in favour of the complainant. In view of allegations made in the complaint as well as in the statement of complainant and of witnesses recorded under Sections 200 & 202 Cr.P.C., it appears that various factual aspects are involved. The submissions raised by learned counsel for the applicants 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 allegations made in the complaint and statement of complainant and of witnesses, it cannot be said that no prima facie case is made out against the applicants. 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 applicants appear/ surrender before the court concerned within a period of three weeks from today and apply for bail, their bail application shall be considered and decided expeditiously in accordance with settled law. For a period of three weeks from today or till the applicants surrender before the court below, whichever is earlier, no coercive action shall be taken against the applicants in the aforesaid case. 9. The application under Section 528 B.N.S.S. is disposed of in above terms. Order Date :- 2.4.2025 'SP'/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad