Neutral Citation No. - 2025:AHC:50531 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 11254 of 2025 Applicant :- Nazim And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Satish Chandra Tiwari Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record. 2. This application u/s - 528 BNSS has been filed for quashing of the entire proceedings, including summoning order dated 16.01.2025, of Complaint Case No. 901 of 2024, under Section - 310 B.N.S., Police Station - Sahaswan, District - Budaun, pending in the court of Special Judge, Dacoity Affected Area / Additional Sessions Judge, Court No.5, Budaun. 3. It is submitted by learned counsel for the applicants that regarding an incident dated 18.06.2024, the applicant no.4 has lodged a first information report on 22.07.2024 against opposite party no.2 and others for offence under Section 452, 323, 504, 506, 427 I.P.C.. The impugned complaint has been lodged as a counter blast to the said case. In the case lodged by the applicant no.4, during investigation Section - 325 I.P.C. was also added. The injuries shown to the complainant are false and manufactured. In the alleged incident, two persons have sustained injuries from the side of applicants, whereas the complainant has sustained merely simple injury. It was submitted that impugned proceedings are counter blast and thus, liable to be quashed. 4. Learned A.G.A. has opposed the application and submitted that in view of the allegations made in the complaint and in the statement of complainant, recorded under Section 200 Cr.P.C., as well as in the statements of witnesses, recorded under Section 202 Cr.P.C., a prima facie case is made out against the applicants. 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 from record that regarding an incident dated 18.06.2024, the applicant no.4 has lodged a first information report against opposite part no.2 and others, and regarding the same incident the opposite party no.2/complainant has lodged a cross case by filing the impugned complaint. In the alleged incident, both the parties have sustained injuries. As per medical examination report of opposite party no.2/complainant, lacerated would has been shown at the head of complainant. As in the incident both the parties have sustained injuries thus, matter involves various questions of facts. 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 B.N.S.S.. Considering entire facts, no case for quashing of the impugned proceedings is made out. Hence the prayer as sought by the applicants is hereby refused. 8. However, it is directed that in case applicants move an application for discharge 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. 9. The application u/s 528 BNSS is disposed of in above terms. Order Date :- 8.4.2025 S Rawat Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad