Neutral Citation No. - 2025:AHC:109757 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 22318 of 2025 Applicant :- Mohd. Adil And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Adil Khan Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record. 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 05.08.2023 and cognizance order dated 03.01.2025, of Case No. 85 of 2025 (State Vs. Mohd. Adil and Others), arising out of case crime no. 318 of 2023, under Sections - 323, 504, 354-Kha I.P.C., Police Station - Naugava Sadat, District - Amroha, pending in the court of Additional Chief Judicial Magistrate-Ist, Amroha. 3. It is submitted by learned counsel for applicants that applicants are innocent and no prima facie case is made out against them. There is property related dispute between the parties and a civil suit is pending between them. At the time of alleged incident the opposite party no.2 and others have reached at the marriage function organized by applicants without any invitation and they tried to assault the applicants. The first information report of the case has been lodged after about two months of the incident. Injuries shown to injured are wholly false. Learned counsel has referred statement of informant and independent witnesses and submitted that no prima facie case is made out against applicants. 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 judgment 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. 7. In the instant matter the informant has made allegation that on 29.04.2023 while she along with her husband was attending a marriage function, applicants have abused and assaulted her husband and resultantly he has sustained injuries. Said version is supported by her husband / injured. In medical examination report, four injuries have been shown on the body of injured Asif Ali. It is correct that there is long delay in lodging of the first information report but it appears that injured was examined on the same day without any delay. In view of statements of witnesses and material on record, impugned proceedings cannot be quashed merely on the ground of delay in lodging of the first information report. The submissions raised by learned counsel for the applicants call for determination on questions of fact, which may be adequately adjudicated upon only by the Trial court and even the submissions made on points of law can also be more appropriately gone into only by the Trial court. In view of 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. 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 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. 9. The application under Section - 528 BNSS is disposed of in above terms. Order Date :- 10.7.2025 S Rawat Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad