Neutral Citation No. - 2025:AHC:110126 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 21791 of 2025 Applicant :- Adil And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amit Kumar,Vinod Kumar Tirpathi Counsel for Opposite Party :- G.A.,J.B. Singh 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 preferred against charge-sheet dated 26.10.2024 as well as cognizance / summoning order dated 06.11.2024, passed by Judicial Magistrate, Meerut, in Case No. 18539 of 2024, arising out of Case Crime No.172 of 2024, under Sections 279, 337, 338, 323, 504, 506, 325, 308 IPC, P.S.- Kithore, District- Meerut, pending in the court of Judicial Magistrate, Meerut. 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. Both the parties are related to each other and that the allegations levelled against applicants, are wholly false. There is long delay in medical examination of the injured. It was submitted that in fact the injured has sustained injuries due to falling on the ground. There are material contradictions in the statements of witnesses. Referring to facts of the matter, it was submitted that no prima-facie case is made out against applicants. 4. Learned AGA and learned counsel for the opposite party no.2 have 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. 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 alleged that on 09.05.2025 while his father-in-law was going to his land on motorcycle, applicants have deliberately struck his motorcycle by their car and resultantly he has sustained injuries. In medical examination report, five injuries have been shown on body of injured. The injured has supported prosecution version in his statement recorded under Section 161 Cr.P.C. Merely because there is delay in medical examination of victim or that there are some contradictions in the statements of witnesses, impugned proceedings are not liable to be quashed. 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 :- 10.7.2025 'SP'/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad