Neutral Citation No. - 2025:AHC:121599 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 24046 of 2025 Applicant :- Nitin And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abhay Raj Sharma,Shiv Avtar Sharma 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 to as 'BNSS') has been filed for quashing of the entire proceedings, including charge-sheet dated 12.08.2021 and cognizance / summoning order dated 22.03.2022, of criminal case no. 1309 of 2022, arising out of case crime no. 231 of 2021, under Sections 323, 504, 506 IPC, P.S. Puramufti, District Prayagraj, pending in the court of Spl. C.J.M., Prayagraj. 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 was submitted that in fact on 04.07.2021 the opposite party No. 2 / informant has molested the sister of applicant Nos. 1 and 2 and in that regard police have conducted proceedings under Sections 117/151 Cr.P.C. After that the informant has lodged the first information report of this case making false allegations. The injuries shown to the informant are wholly false and manufactured. It was further submitted that an application has already been moved by the sister of applicant Nos. 1 and 2 to the police for registration of a case against the informant but police have not taken any action on that application. Referring to the facts of the matter, it was submitted that the impugned proceedings are malicious and thus, 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 the informant has made allegations that on 04.07.2021 he has demanded his amount from applicant No. 1 Nitin and thereafter he was abused and assaulted by the applicants with legs, fists and lathis and resultantly he has sustained several injuries. In medical examination report, four injuries have been shown on the body of informant. It appears that informant has suffered several stitches in the injuries. The informant was medically examined on the same day and the first information report was also lodged on the day of incident itself. It appears that after registration of this case, the sister of applicant Nos. 1 and 2 has made a complaint to the police making allegations of molestation against the informant. 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. Hence, no case for quashing of impugned proceedings is made out and the present application under Section 528 BNSS lacks merit and thus, liable to be dismissed. 8. The application under Section 528 BNSS is accordingly dismissed. Order Date :- 24.7.2025 Anand Digitally signed by :- ANAND VERMA High Court of Judicature at Allahabad