Neutral Citation No. - 2025:AHC:45463 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 9600 of 2025 Applicant :- Rahul Alias Ashish Singh And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Neeraj Singh,Shaikh Mohd Mujib Ur Rahman,Varun Shukla,Yateesh Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Supplementary affidavit filed in Court today, is taken on record. 2. Heard learned counsel for the applicants and learned A.G.A. for the State. 3. The present application under Section 528 of Bhartiya Nagarik Suraksha Sanhita (hereinafter referred as 'BNSS') has been filed for quashing of the entire proceedings, including summoning order dated 30.10.2024, of Case No. 2442 of 2023, under Sections 323, 504, 379 I.P.C., Police Station Nagra, District Ballia, pending in the court of A.C.J.M.-I, Ballia. 4. It has been argued by the learned counsel for the applicants that regarding an incident dated 22.08.2023 the father of applicant No. 1 has lodged a first information report against the opposite party No. 2/complainant and others for the offence under Sections 352, 323, 504, 506 IPC and after that the impugned complaint has been lodged by the complainant on 07.11.2023 as a counterblast to that case. The complainant has not sustained any injury. There is property related dispute between the parties. Referring to the facts of the matter, it was submitted that no prima facie case is made out against the applicants. 5. Learned A.G.A. has opposed the application and submitted that the complainant is a 80 years old person and he has lodged the impugned complaint regarding same incident dated 22.08.2023. The complainant has clearly alleged that all the applicants came at his hut and pulled his hairs and assaulted him. It was pointed out that police have also initiated proceedings under Section 151 Cr.P.C. 6. I have considered the rival submissions and perused the record. 7. 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. 8. In the instant matter it is correct that the father of applicant No. 1 has lodged a first information report against the opposite party No. 2/complainant and others for the offence under Sections 352, 323, 504, 506 IPC but the complainant has also lodged the complaint regarding the same incident. The complainant has made clear and categorical allegations that applicants have pulled his hairs and assaulted him and also snatched Rs. 3,000/- from him. It appears that after the incident, police have initiated proceedings under Section 151 Cr.P.C. The version of complainant is supported by several witnesses, examined under Section 202 Cr.P.C. 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. 9. After considering arguments raised by learned counsel for parties and perusing the impugned complaint and the materials 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 under Section 528 BNSS. Accordingly, the prayer as made above is hereby refused. 10. However it is directed that in case applicants move an application for discharge before the trial court concerned within a period of three weeks from today, the same shall be considered and decided expeditiously in accordance with law. For a period of three weeks from today and in case, such an application is moved within the aforesaid period, till the disposal of such application, no coercive action shall be taken against applicants, provided applicants co-operate in early disposal of the discharge application. 11. The application under Section 528 BNSS is disposed of in above terms. Order Date :- 2.4.2025 Anand Digitally signed by :- ANAND VERMA High Court of Judicature at Allahabad