Neutral Citation No. - 2025:AHC:51265 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 9985 of 2025 Applicant :- Azulhaq And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Om Prakash Singh 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 BNSS) has been filed for quashing of entire proceedings, including summoning order dated 06.01.2025, of Complaint Case No.10398 of 2022 (Rukhsana Khatoon Vs. Azulhaq and Others), under Sections 323, 504, 506 I.P.C., Police Station- Kotwali Padarauna, District- Kushi Nagar, pending before the Court of Judicial Magistrate, Kushi Nagar at Padarauna. 3. It has been submitted by learned counsel for the applicants that the impugned complaint has been lodged by the opposite party no.2, making false and baseless allegations and that no prima-facie case is made out against the applicants. The alleged incident has been shown to have been committed near the house of one Kshatriya Gupta and he has submitted an affidavit to the effect that no such incident has taken place. Earlier, the opposite party no.2 has lodged a first information report against applicants in which after investigation police have submitted final report. Learned counsel has referred statement of complainant and of witnesses and submitted that there are material contradictions and that no prima-facie case is made out against the applicants and thus 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 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 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. 7. In the instant matter, the opposite party no.2/complainant has alleged in the impugned complaint that on 15.04.2022 she was working at her land which is her parental property and at the same time the applicants, armed with weapons, came and assaulted her. The police were also informed by making a call at number 112. The complainant has supported that version in her statement under Section 200 Cr.P.C. and the same is further supported by her medical examination report. The witnesses examined under Section 202 Cr.P.C. have also supported prosecution version. In view of material on record, it can not be said that no prima-facie case is made out against applicants. 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. 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. 8. After considering arguments raised by learned counsel for the 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. Hence, the present application under Section 528 BNSS is liable to be dismissed. 9. Accordingly, the application u/s 528 BNSS is hereby dismissed. Order Date :- 9.4.2025 'SP'/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad