Neutral Citation No. - 2025:AHC:48372 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 10877 of 2025 Applicant :- Ranmat And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anil Kumar,Damodar Singh,Devendra Vikram 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 B.N.S.S.) has been filed for quashing of entire proceedings, including summoning order dated 01.08.2024, of Complaint Case No.1418 of 2023 (Abhilasha Vs. Ranmat and Others), under Sections 354, 504, 452 I.P.C., Police Station- Mauranipur, District- Jhansi, pending before the Court of Civil Judge (J.D.)/Judicial Magistrate, Mauranipur, Jhansi. 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. The complainant has not sustained any injury. It was pointed out that the complainant herself has mentioned that earlier there was some dispute between the parties but the same was subsided and thus there is no motive on the part of applicants to indulge in any such incident. It is further submitted that on 10.02.2023 the husband of opposite party no.2, namely, Ravindra and others have assaulted the applicant no.1 and snatched Rs.16,200/- from him and in that connection applicant no.1 has lodged a complaint on 28.03.2023. It is further submitted that in the statement of complaint there was no mention about the alleged witnesses, who have been examined under Section 202 Cr.P.C. Referring to facts of the matter, it was submitted that no prima-facie case is made out against the applicants. 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 has lodged impugned complaint against applicants alleging that on 09.01.2023 at about 09:00 AM the applicants trespassed into her house, did obscene acts against her and she was pushed to ground, her clothes were snatched and she was assaulted by them. She has further alleged that hearing her noise, one Bhagwan Das and one Maniram have reached at the spot. The complainant has supported said version in her statement recorded under Section 200 Cr.P.C. The witnesses, namely, Bhagwan Das and Maniram, examined under Section 202 Cr.P.C., have also supported the version of complainant. The complaint from the side of applicant no.1 was lodged after lodging of the impugned complaint. In view of material on record, it can not be said that no prima-facie case is made out. 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 B.N.S.S. 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 B.N.S.S. Accordingly, the prayer as made above is hereby refused. 9. However, 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. 10. The application under Section 528 B.N.S.S. is disposed of in above terms. Order Date :- 5.4.2025 'SP'/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad