Neutral Citation No. - 2025:AHC:85567 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 16202 of 2025 Applicant :- Roopram And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Devendra Kumar 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. 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 17.06.2022, of Complaint Case No. 2238/IX/2018, (new complaint case no. 4078/2019), under Sections 323, 452, 504, 506 I.P.C., Police Station Farah, District Mathura, pending in the court of J.M., Court No. 9, Mathura. 3. It has been argued by learned counsel for the applicants that the impugned complaint has been lodged by opposite party No. 2 / complainant making false and baseless allegations. The applicant No. 1 and the complainant are brothers and that there was property related dispute between them. Learned counsel has referred the statements of complainant, recorded under Section 200 Cr.P.C., and of witnesses, recorded under Section 202 Cr.P.C., and submitted that the allegations that applicants have assaulted the complainant are wholly false. The complainant has sustained merely simple injuries. Referring to the 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 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 perusal of record shows that the opposite party No.2 / complainant has lodged the impugned complaint against applicants, making allegation that on 05.09.2018 at about 06:00 AM they trespassed into his house and abused and assaulted him with lathi and sticks. The complainant has supported this version in his statement, recorded under Section 200 Cr.P.C. In medical examination report of complainant six injuries, including a lacerated wound at occipital region have been shown. The witnesses examined under section 202 Cr.P.C. have also supported that version. 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 482 Cr.P.C./528 BNSS. 8. After considering arguments raised by learned counsel for parties and perusing the impugned complaint and the materials in support of the same, no case for quashing of impugned proceedings is made out. The application under Section 528 BNSS lacks merit and thus, liable to be dismissed. 9. The application under Section 528 BNSS is hereby dismissed. Order Date :- 21.5.2025 Anand Digitally signed by :- ANAND VERMA High Court of Judicature at Allahabad