Neutral Citation No. - 2025:AHC:113911 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 16825 of 2025 Applicant :- Jaysingh Kushwaha And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ravindra Pratap Singh,Vishal Singh Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicants and learned A.G.A. for the State. 2. The present application under Section 528 of Bhartiya Nagarik Suraksha Sanhita (hereinafter referred as 'BNSS') has been filed for quashing of the entire proceedings, including charge-sheet dated 06.11.2024 and cognizance / summoning order dated 21.03.2025, of criminal case no. 181 of 2025, arising out of case crime no. 340 of 2024, under Sections 452, 323, 504, 506, 427 IPC, P.S. Gursahaiganj, District Kannauj, pending in the court of A.C.J.M., Kannauj. 3. It has been argued by learned counsel for the applicants that applicants are innocent and no prima facie case is made out against them. The first information report was lodged against the applicants making false and baseless allegations. As per prosecution version, alleged incident took place on 31.05.2024 at about 09:00 PM and injured Mala Devi was medically examined on 01.06.2024 at 04:15 PM but the injuries were shown fresh and thus, the alleged injuries are wholly doubtful. Learned counsel has referred the facts of the matter and submitted that the allegations levelled against the applicants are wholly false and that the impugned proceedings are liable to be quashed. 4. Learned A.G.A. has opposed the application and argued that in view of the allegations made in the first information report and the material collected during investigation, a prima facie case is made out against the 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. In this connection, a reference may also be made to the case of R. Kalyani vs. Janak C. Mehta and Others, 2009 (1) SCC 516, Rupan Deol Bajaj vs. K.P.S. Gill (1995) SCC (Cri) 1059, Rajesh Bajaj vs. State of NCT of Delhi, (1999) 3 SCC 259 and Medchl Chemicals & Pharma (P) Ltd vs. Biological E Ltd. & Ors, 2000 SCC (Cri) 615. It has been held that if a prima facie case is made out disclosing ingredients of the offence, court should not quash the charge sheet/complaint. It is equally well settled that at this stage questions of fact cannot be examined and a mini trial cannot be held. 7. In the instant matter perusal of record shows that the informant has made allegations in the first information report that on 31.05.2024 applicants along with co-accused Samrat @ Shivam have trespassed into her house, hurled abuses and when objected, they have assaulted her with lathi and rod and she was threatened at the point of pistol. In the injury report of informant, one lacerated wound muscle deep has been shown at the skull. Besides that two more injuries were also shown. Merely because on 01.06.2024 when the informant / injured was medically examined, her injuries were shown fresh, the impugned proceedings are not liable to be quashed. 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. In the instant matter, in view of the allegations made in the first information report and the material collected during investigation, no case for quashing of impugned proceedings is made out. Accordingly, the prayer as made above is hereby refused. 8. However, it is directed that in case applicants appear / surrender before the trial court concerned within a period of two weeks from today and apply for bail, their application shall be considered and decided expeditiously in accordance with settled law. For a period of two weeks from today or till the applicants appear / surrender before the court concerned, whichever is earlier, no coercive action shall be taken against the applicants. 9. The application under Section 528 BNSS is disposed of in above terms. Order Date :- 15.7.2025 Anand Digitally signed by :- ANAND VERMA High Court of Judicature at Allahabad