Neutral Citation No. - 2025:AHC:137621 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 21055 of 2025 Applicant :- Farookh And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pradeep Chauhan,Shiva Kant Srivastava Counsel for Opposite Party :- Saurabh Kumar Pandey,G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicants, learned counsel for the opposite party no.2 and learned A.G.A. for the State. 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 31.01.2025 as well as cognizance / summoning order dated 09.04.2025, of Case Crime No.02 of 2025, under Sections 115(2), 352, 351(3), 324(4), 3(5) BNS, P.S.- Nizamabad, District- Azamgarh, pending in the court of A.C.J.M., Court No.10, Azamgarh. 3. 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 alleged incident has been shown of 30.12.2024 and first information report was lodged on 05.01.2025 and medical examination report of informant was also shown of 05.01.2025. In medical examination report no visible external injury has been shown and only complaints of pain were mentioned. There is no duration of the alleged injury. It was submitted that no specific role has been assigned to any of the applicant and only general allegations have been levelled that applicants have assaulted the informant by slapping. Learned counsel has referred first information report and material on record and submitted that no prima-facie case is made out and impugned proceedings are liable to be quashed. 4. Learned AGA and learned counsel for the opposite party no.2 have opposed the application and submitted that informant is a businessman and he has made clear allegations that applicants have abused and assaulted him and they have slapped him. In the alleged incident spectacle of informant has also been broken. There are no reasons of false implications of applicants. It was further submitted that applicants have mentioned in the affidavit, filed along with present application, that they have no criminal history, whereas the applicants have long criminal history and applicant no.1 Farookh & applicant no.2 Gufran have criminal history of as many as seven cases. It was submitted that this application under Section 528 BNSS has been filed by concealing material facts. 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 the informant has made allegations that on 30.12.2024 when he has gone to his land, applicants have abused and assaulted him and they have slapped him. The informant has sustained injuries and his spectacle was also broken. The version of informant is supported by medical examination report. This application under Section 528 BNSS was filed by concealing criminal history of applicants. Considering allegations made in the first information report and 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. Hence, the prayer sought 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 concerned, whichever is earlier, no coercive action shall be taken against the applicants in the aforesaid case. 10. With the aforesaid observations, the application u/s 528 BNSS is disposed of. Order Date :- 13.8.2025 'SP'/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad