Neutral Citation No. - 2025:AHC:100862 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 14945 of 2025 Applicant :- Pankaj Chaudhary Opposite Party :- State of U.P. and Another Counsel for Applicant :- Gajendra Singh Arya,Shikhar Tandon Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. This application under Section 528 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as BNSS) has been filed for quashing of entire proceedings, including charge sheet dated 19.08.2023 and summoning order dated 13.09.2024, of Case No. 3474 of 2024 (State Vs. Pankaj Chaudhary), arising out of Case Crime No. 518 of 2023, under Sections - 323, 504 B.N.S., Police Station - Vijay Nagar, District- Ghaziabad, pending before the Court of Additional Chief Judicial Magistrate, Court No.2, Ghaziabad. 3. It is submitted by learned counsel for applicant that first information of this case was lodged making false allegations. In the first information report besides applicant, one Neeraj Chaudhary and Sunny Chaudhary were also named but during investigation at the time of incident their location was found at different place and they were exonerated. Learned counsel has referred statement of informant and of other witnesses and submitted that only allegation levelled against applicant is that there was a fight between the parties and there is no such specific allegation that applicant has assaulted the informant / injured. It was submitted that even if the informant has sustained any injury in the free fight, no case would be made against applicant. Referring to facts of the matter, it was submitted that no prima facie case is made out against applicant 4. Learned A.G.A. has opposed the application and submitted that in view of allegations made in the first information report and material collected during investigation, a prima-facie case is made out against applicant. 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 there are allegations in the first information report that applicant and co-accused persons did 'maarpeet' with the informant. During investigation some of the witnesses have stated that a fight has taken place between the applicant and the informant. In the injury report, four injuries, including loss of upper right incisor teeth and carine teeth, have been shown to the injured. In view of statement of informant and witnesses as well as injury report, it cannot be said that no prima facie case is made out against applicant. 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. In the instant matter, in view of allegations made in the first information report and the material collected during investigation, no case for quashing of impugned proceedings is made out and the present application u/s 528 BNSS is liable to be dismissed. 8. Accordingly, the application u/s 528 BNSS is hereby dismissed. Order Date :- 1.7.2025 S Rawat Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad