Neutral Citation No. - 2025:AHC:109504 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 21140 of 2025 Applicant :- Ramchander Yadav And 7 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kapil Tiwari 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 entire proceedings, including charge sheet dated 24.04.2024 as well as cognizance / summoning order dated 18.09.2024, of Criminal Case No. 13424 of 2024 (State Vs. Ramchander Yadav and Others), arising out of Case Crime No. 0054 of 2024, under Sections - 147, 323, 427, 504, 506 I.P.C., Police Station - Kotwali, District- Deoria, pending before the court of Chief Judicial Magistrate, Court No.17, Deoria. 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 an incident dated 24.06.2023 the applicant no.2 Yogendra Yadav has lodged a first information report against opposite party no.2 and others for offence under Section - 395, 307, 324, 147, 148, 323, 427 I.P.C and after that the opposite party no.2 has moved an application under Section - 156(3) Cr.P.C. and this case was registered on 01.02.2024. It was submitted that impugned proceedings are malicious and counter blast and thus, liable to be quashed. Learned counsel has referred statement of informant and other witnesses and submitted that no case is made out against applicants. 4. Learned A.G.A. has opposed the application and submitted 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 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 it appears from record that regarding incident dated 24.06.2023, applicant no.2 has lodged first information report under Sections - 395, 307, 324, 147, 148, 323, 427 I.P.C. Regarding same incident, the opposite party no.2 has moved an application under Section - 156(3) Cr.P.C. and a cross case was registered on 01.02.2024. In the alleged incident both the parties have sustained injuries. As per medical examination report, informant Dharmendra Yadav has sustained four injuries and another injured Satyendra Yadav has sustained seven injuries. In view of these facts and circumstances, it cannot 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 :- 10.7.2025 S Rawat Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad