Neutral Citation No. - 2025:AHC:103908 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 22417 of 2025 Applicant :- Tasleem And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vishvajit Tiwari,Yogesh Mishra 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. This application u/s 528 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as 'BNSS') has been filed with the prayer to quash the entire proceedings, including charge-sheet dated 18.08.2024 as well as cognizance / summoning order dated 20.09.2024, of Case No. 5052 of 2024 (State Vs. Tasleem and others), arising out of Case Crime No.225 of 2024, under Sections 191(2), 191(3), 115(2), 352, 333, 110, 351(2) BNS, P.S.- Sahawar, District- Kasganj, pending in the court of Ist Additional District & Sessions Judge, Kasganj. 3. It has been submitted by learned counsel for the applicants that applicants are innocent and they have been falsely implicated in this case. The injured persons have not sustained any grievous or serious injury. It was submitted that except applicant no.1 Tasleem, no specific role has been assigned to any other applicants. An application has also been moved on behalf of applicants under Section 156(3) Cr.P.C. to lodge a cross case regarding same incident. It was further submitted that during investigation, Section 110 BNS was dropped but applicants-accused have also been summoned for Section 110 BNS. Referring to facts of the matter, it was submitted that allegations levelled against applicants are false and impugned proceedings are liable to be quashed. 4. Learned AGA has opposed the application and submitted that in view of first information report and statement of informant and of witnesses, including injured, 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 lodged a first information report alleging that on account of dispute of children, the applicants-accused trespassed into the house of informant, hurled abuses and assaulted the family members of informant. Applicant no.1 Tasleem has attacked mother of informant with a spade (fawda) at her head, resultantly she has sustained injuries at her head. Informant, his sister Simran and his father Mustaq were also assaulted by the accused persons with lathi and sticks. All these persons have sustained injuries. The injured persons have supported prosecution version. The version of injured is further supported by medical examination reports of injured persons. Whether the offence under Section 110 BNS would be made out against all the accused persons or not, the same can be considered by the trial Court at the time of charge. Considering entire facts of the matter, it can not be said that no prima-facie case is made out against the 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 :- 3.7.2025 'SP'/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad