Neutral Citation No. - 2025:AHC:82337 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 13074 of 2025 Applicant :- Yashwant And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dev Prakash Sharma,Priyanka Devi Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Supplementary affidavit filed by learned counsel for the applicants, in Court today, is taken on record. 2. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record. 3. This application under Section - 528 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as BNSS) has been filed for quashing of the entire proceedings, including summoning order dated 17.02.2024 and order dated 17.02.2025, of Special Criminal Case No. 154 of 2023 (Arvind Vs. Yashwant and Others), under Section - 394 I.P.C., Police Station - Girwan, District - Banda, pending in the court of Special Judge (Dacoity Affected Area) Act / Upper Session Judge, Banda. 4. 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. It was submitted that both the parties often used to drink liquor together and only a quarrel has taken place among them. The alleged injuries have sustained by the opposite party no.2 / complainant accidentally by falling from the motorcycle. Learned counsel has referred statement of complainant recorded under Section - 200 Cr.P.C. and statements of witnesses recorded under Section - 202 Cr.P.C., and submitted that there are material contradictions in their statements. Learned counsel has also referred report sent by the police regarding application under Section - 156 (3) Cr.P.C. and pointed out that only a quarrel has taken place on the issue of expenses of liquor. Referring to facts of the matter, it was submitted that no prima facie case is made out against the applicants. 5. 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. 6. I have considered the rival submissions and perused the record. 7. 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. 8. In the instant matter, perusal of record shows that the opposite party no.2 has lodged impugned complaint alleging that on 14.07.2023 at about 07:30 PM while he along with his brother was going on motorcycle to his home, in the way the applicants have stopped them and he was assaulted with 'lathi' and sticks and that they have snatched Rs. 1,500/- from him. The complainant has supported the said version in his statement recorded under Section - 200 Cr.P.C. The version of complainant is further supported by his medical examination report. On all substantial particulars the witnesses examined under Section - 202 Cr.P.C. have also supported the version of complainant. There is nothing to show at this stage that why the opposite party no.2 would make a false complaint against applicants. 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 BNSS. 9. 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, hence the prayer as made above is hereby refused. 10. 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. 11. The application under Section - 528 BNSS is disposed of in above terms. Order Date :- 17.5.2025 S Rawat Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad