Neutral Citation No. - 2025:AHC:130891 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 17582 of 2025 Applicant :- Keshav And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Satyawan Shahi Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicants and learned AGA for the State. 2. This application under Section 528 BNSS has been preferred for quashing of the entire proceedings, including cognizance order dated 14.02.2025, of Case No. 220 of 2023 (State v. Keshav & others), arising out of Case Crime No. 2121 of 2025, under Sections 147, 323, 504, 506, 354-B of IPC, Police Station- Nebua Naurangiya, District- Kushi Nagar, pending before in the court of Judicial Magistrate at Padrauna, Kushi Nagar. 3. It is submitted by learned counsel for the applicants that applicants are innocent and no prima facie case is made out against them. In fact, the applicant no. 1- Keshav has issued two cheques (one of Rs. 2/- lakh and another of Rs. 1/- Lakh) in favour of Shambhu Nath Dubey (brother-in-law of opposite party no. 2) for purchase of land but he has not executed any sale deed. The applicants have been falsely implicated due to that enmity. It was stated that in First Information Report, the informant has alleged that at the alleged spot the applicants were already present and waylaid, whereas in his statement under Section 164 CrPC, she has stated that applicants- accused have called her husband to the said spot. The injured has not sustained any serious injury. It is further submitted that as per mobile call detail record, applicant no. 2- Badas was not present at the spot. Referring to facts of the matter it was submitted that the allegations levelled against the applicants are false and no prima facie case is made out. 4. Learned AGA for the State has opposed the application and submitted that a prima facie case is made out against the applicants. In the First Information Report, the informant has made clear allegations that all the applicants- accused have assaulted her husband with Lathi and Sticks and resultantly, he has sustained injuries when the informant had tried to save, she was assaulted by them. The version of informant is supported by medical examination report of injured. It was submitted that a prima facie case is made out. 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 informant has lodged First Information Report alleging that on 04.06.2023 at about 08.30 P.M. at culvert, applicants- accused have assaulted her husband Rakesh Dubey with Lathi and Sticks and hearing his cries when she reached at the spot, she was also assaulted by the applicants. That version has been supported by injured Rakesh Dubey in his statement under Section 161 CrPC. The informant as well as her husband Rakesh Dubey have sustained injuries. The prosecution version is supported by medical examination reports of the injured persons. At this stage, proceedings cannot be quashed merely on the basis of some minor contradictions. So far as this contention is concerned that applicant no. 2 was not present at the spot, the said mobile number was shown registered in the name of another person and not in the name of applicant. Alleged cheques were issued by the applicant no. 1 in favour of some family member of opposite party no. 2, who is not in picture in the entire scenario of this incident. 8. In view of material on record, it can not be said that no prima facie case is made out against applicants. 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 BNSS. 9. After considering arguments raised by learned counsel for the parties and perusing the impugned proceedings 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 BNSS. In view of material on record, no case for quashing of impugned proceedings or any other interference is made out. Hence, the present application under Section 528 BNSS is liable to be dismissed. 10. Accordingly, the application u/s 528 BNSS is hereby dismissed. Order Date :- 4.8.2025 Rama Kant Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad