Neutral Citation No. - 2025:AHC:141986 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 17941 of 2025 Applicant :- Nankau @ Dinesh Tiwari And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Nisha Mishra,Vinod Shankar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Supplementary affidavit filed by learned counsel for the applicants is taken on record. 2. Heard learned counsel for the applicants and learned A.G.A. for the State. 3. This application u/s 528 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as 'BNSS') has been filed for quashing of the entire proceedings, including order dated 03.10.2015, of Case No. 953 of 2015 (State Vs. Dinesh Tiwari and others), arising out of Case Crime No.573 of 2013, under Sections 323, 452, 506, 427 IPC, P.S.- Handiya, District- Allahabad, pending in the court of A.C.J.M., Court No.8, Allahabad. 4. It has been submitted by learned counsel for the applicants that applicants are innocent and no prima-facie case is made out against them. The allegation levelled against applicants in the first information report, is wholly false. The injured has sustained merely simple injuries. It was submitted that applicants were not aware about the impugned proceedings. It is further submitted that in the year 2015 a case was also lodged from the side of applicants against opposite party no.2 and others, by moving an application under Section 156(3) Cr.P.C. and in that matter, the opposite party no.2 has already been granted protection by this Court. Referring to facts of the matter, it was submitted that impugned proceedings are liable to be quashed. 5. Learned AGA has opposed the application and submitted that in view of allegations made in first information report and materials on record, a prima-facie case is made out against applicants. 6. I have considered the rival submissions and perused the record. 7. 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. 8. In the instant matter perusal of record shows that opposite party no.2 has lodged first information report on 18.10.2013 against applicants, alleging that on the night of 17.10.2013 on account of property related dispute, applicants have trespassed into his house and abused and assaulted the informant and his wife. As per medical examination report, three injuries have been shown on the person of injured. The prosecution version is supported by the injured and other witnesses. Merely because in the year 2015 a case was also lodged from the side of applicants against opposite party no.2, it would not provide any help to the applicants. 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 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. 10. Accordingly, the application u/s 528 BNSS is dismissed. Order Date :- 20.8.2025 'SP'/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad