Neutral Citation No. - 2025:AHC:117716 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 16587 of 2025 Applicant :- Suraj Kulshreshtha And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Noor Muhammad,Yogesh Kumar Srivastava 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 04.05.2017 as well as summoning order dated 31.08.2017, of Case No. 2207 of 2017, arising out of Case Crime No. 294 of 2017, under Sections - 147, 323, 504, 506, 354, 452 I.P.C., Police Station - Tundla, District - Firozabad, pending before the court of Chief Judicial Magistrate, Firozabad. 3. It is submitted by learned counsel for the applicants that applicants are innocent and no prima facie case is made out against them. Regarding the same incident a first information report was also lodged by the wife of applicant no.3 against brother of opposite party no.2 and others. The informant has not sustained any serious injury. Learned counsel has referred statements of witnesses and submitted that allegations levelled against applicants are wholly false and the impugned proceedings are liable to be quashed. 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 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 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 case perusal of record shows that regarding an incident dated 21.03.2017, the opposite party no.2 has lodged first information report of this case against applicants alleging that they have outraged her modesty and assaulted her family members. After two days of the incident, a cross first information report was lodged by the wife of applicant no.3 against brother of opposite party no.2 and some unknown persons regarding the same incident. 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. 8. After considering arguments raised by learned counsel for the parties and perusing the impugned first information report and materials on record, no case for quashing of impugned proceedings is made out. The application under Section 528 BNSS lacks merits and thus, liable to be dismissed. 9. Accordingly, the application u/s 528 BNSS is dismissed. Order Date :- 21.7.2025 S Rawat Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad