Neutral Citation No. - 2025:AHC:103423 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 21232 of 2025 Applicant :- Madan Singh And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashok Kumar Singh Bais 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 13.02.2025 and cognizance / summoning order dated 10.04.2025, of criminal case no. 623 of 2025, arising out of case crime no. 467 of 2024, under Sections 109, 352, 351(3), 333, 117(2) BNS, P.S. Rampur Maniharan, District Saharanpur, pending in the court of J.M.-I, Saharanpur. 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. It is submitted that injured Avneesh @ Sonu has sustained seven injuries and out of them five injuries were referred for x-ray. As per x-ray report no fracture has been seen in skull. Only one fracture was shown in right hand. Another injured Parvesh has not sustained any fracture. In view of medical examination reports of injured persons, no case under Section 307 IPC is made out against the applicants. Referring to the facts of the matter, it was submitted 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 in the first information report the informant has made allegation that on account of property dispute, applicants have trespassed into her house and they have assaulted her family members. Applicant No. 2 Manoj @ Monu has hit her son Avneesh @ Sonu with an iron rod at his head and other applicants have also assaulted her son and daughter-in-law with lathi and sticks. Both the injured persons have supported the said version in their statements recorded under Sections 161 Cr.P.C. It is correct that in head injury of injured Avneesh @ Sonu no fracture has been shown but there is specific allegation that injured Avneesh @ Sonu was assaulted with an iron rod at his head and he has sustained injuries at his head. As per medical examination report of injured Avneesh @ Sonu, "there was lacerated wound of 4.5 cm x 0.5 cm x bone deep on right side of his head". Besides that injured Avneesh @ Sonu has sustained six more injuries, including a fracture. As per x-ray report, no fracture was seen in the skull of injured Avneesh @ Sonu but swelling of scalp was seen. 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, it cannot be said that no prima facie case is made out against the applicants. Accordingly, the prayer as made above is hereby refused and the applicants would be at liberty to raise their plea before the trial court at the appropriate stage. 8. However, it is directed that in case applicants appear / surrender before the trial court concerned within a period of three weeks from today and apply for bail, their application shall be considered and decided expeditiously in accordance with settled law. For a period of three 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 :- 3.7.2025 Anand Digitally signed by :- ANAND VERMA High Court of Judicature at Allahabad