Neutral Citation No. - 2025:AHC:107057 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 15901 of 2025 Applicant :- Deepu Bharti And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Byas Kumar Prasad,Pradeep Kumar Keshri Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicants, 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 the entire proceedings, including charge sheet dated 14.04.2022 and cognizance / summoning order dated 26.08.2022, of Case No. 190944 of 2022 (State Vs. Deepu and Others), under Sections - 323, 504, 506 I.P.C., Police Station - Cantt, District - Varanasi [Kashi] (Commissionerate Varanasi), pending in the court of Chief Judicial Magistrate, Varanasi. 3. At the outset, learned counsel for the applicants submits that applicant no.1 Deepu Bharti and applicant no.2 Dilip have already been granted bail and thus, in respect of applicant no.1 Deepu Bharti and applicant no.2 Dilip this application may be dismissed as not pressed. Accordingly, the instant application under Section - 528 BNSS in respect of applicant no.1 Deepu Bharti and applicant no.2 Dilip is dismissed as not pressed. 4. Now, the present application u/s 528 BNSS survives only in respect of applicant no.3 Ravi Bharti and applicant no.4 Akash. 5. It is submitted by learned counsel for applicants that there is property related dispute between the parties and that a civil suit is pending between them. The first information report has been lodged by the opposite party no.2, making false and baseless allegations. Alleged injuries shown to injured are false and fictitious. It was pointed out that injured persons were examined after four hours of the incident but their injuries have been shown fresh, which goes to show that alleged injuries are false. Injuries shown to injured persons are simple in nature. Referring to these facts, it was submitted that impugned proceedings are malicious and thus, liable to be quashed. 6. 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. 7. I have considered the rival submissions and perused the record. 8. 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. 9. In the instant matter perusal of record shows that the opposite party no.2 has lodged first information report alleging that on 20.01.2022 at about 06:00 PM on account of previous dispute, applicants came at the door of her house and assaulted the informant and her family members and resultantly they sustained injuries. In the incident three persons have sustained injuries and they have been medically examined in Government Hospital. The injured persons have supported prosecution version in their statements under Section - 161 Cr.P.C.. 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. In view of allegations made in the first information report and the material collected during investigation, it cannot be said that no prima facie case is made out against the applicants. Accordingly, the prayer as made above is hereby refused. 10. However, it is directed that in case applicant no.3 Ravi Bharti and applicant no.4 Akash appear / surrender before the Trial 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 applicant no.3 Ravi Bharti and applicant no.4 Akash surrender before the court concerned, whichever is earlier, no coercive action shall be taken against them in the aforesaid case. 11. The application under Section - 528 BNSS is disposed of in above terms. Order Date :- 8.7.2025 S Rawat Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad