Neutral Citation No. - 2025:AHC:54677 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 12165 of 2025 Applicant :- Pallu @ Brijkihor And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dharmendra Kumar Chaubey,Pravin Kumar Tiwari 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 u/s 528 BNSS has been filed for quashing of the entire proceedings, including summoning order dated 03.08.2024, of Complaint Case No. 335 of 2023 (Sriram Maurya v. Surendra Sonar and others), under Sections 426, 504 of IPC, P.S.- Bairiya, District- Ballia (U.P.), pending in the court of Civil Judge (S.D.)/FTC/ACJM, Ballia. 3. It is submitted by learned counsel for the applicants that impugned complaint has been lodged by the opposite party no.2 making false and baseless allegations. There was a dispute among children and that no such incident has taken place as alleged by the complainant. Learned counsel has referred the statement of complainant and of witnesses and submitted that no prima facie case is made out against the applicants and the impugned proceedings are malicious and thus, liable to be quashed. 4. Learned AGA has opposed the application and submitted that 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 made allegations that on 01.10.2024 at about 08.00 P.M., applicants and co-accused persons came at his maize crop and they cut of and took away his maize crop in eight bundles. The complainant has supported that version in his statement recorded under Section 200 CrPC. The witnesses examined under Section 202 CrPC have also supported that version and stated that crop of complainant was cut of and taken away by the applicants. 8. 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 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. 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 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. In view of material on record, no case for quashing of impugned proceedings or any other interference is made out. Hence, the present application under Section 528 BNSS is liable to be dismissed. 10. Accordingly, the application u/s 528 BNSS is hereby dismissed. Order Date :- 11.4.2025 Rama Kant Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad