Neutral Citation No. - 2025:AHC:140839 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 17726 of 2025 Applicant :- Sanjeev @ Sanjay @ Sandeep And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Gyan Prakash Mishra 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 u/s 528 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as 'BNSS') has been filed for quashing of the entire proceedings, including charge-sheet dated 06.02.2018 as well as cognizance dated 20.02.2025, of Criminal Case No. 441 of 2023 (State Vs. Sanjeev @ Sanjay @ Sandeep and Others), arising out of Case Crime No. 160 of 2017, under Sections - 323, 325 I.P.C., Police Station - Narsena, District - Bulandshahr, pending in the court of Additional Civil Judge (J.D.), Court No.4, Bulandshahr. 3. It is submitted by learned counsel for applicants that applicants are innocent and no prima facie case is made out against them. In fact the informant's party has assaulted the applicants and in that connection applicant no.2 has lodged a first information report on 22.06.2017 against opposite party no.2 and others for offence under Sections - 323, 307 I.P.C.. After that the opposite party no.2 has lodged first information report of this case on 23.06.2017 as a counter blast for offence under Sections - 307, 323 I.P.C.. It was submitted that informant and others have assaulted the applicants and in that process the injured have sustained injuries. The injured has not sustained any serious injury. Referring to facts of the matter, it was submitted that impugned proceedings are counter blast and thus, liable to be quashed. 4. Learned A.G.A. 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. 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, it appears from record that regarding an incident dated 22.06.2017 applicant no.2 has lodged a first information report on 22.06.2017 against opposite party no.2 and others for offence under Sections - 323, 307 I.P.C. and after that the opposite party no.2 has lodged cross first information report of this case on 23.06.2017 regarding same incident. It is apparent from record that both the sides have sustained injuries. In the injury report of injured Maharaj Singh / informant, it was shown that he has sustained three injuries and as per x-ray report he has sustained fracture at acromion process of scapula bone. As both the parties have sustained injuries, thus various questions of facts are involved. 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 first information report and the materials in support of the same, no case for quashing of impugned proceedings is made out. Accordingly, the prayer as made above is hereby refused. 9. However, it is directed that in case applicants surrender before the 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 applicants surrender before the court below, whichever is earlier, no coercive action shall be taken against the applicants in the aforesaid case. 10. The application under Section 528 BNSS is disposed of in above terms. Order Date :- 19.8.2025 S Rawat Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad