Neutral Citation No. - 2025:AHC:123400 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 23113 of 2025 Applicant :- Sufail Ahmad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anand Tripathi,Manvendra Singh Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Supplementary affidavit filed on behalf of the applicant today in Court is taken on record. 2. Heard learned counsel for the applicant and learned A.G.A. for the State. 3. This application u/s 528 BNSS has been filed for quashing of the entire criminal proceedings, including charge-sheet dated 13.08.2022 as well as cognizance/ summoning order dated 07.11.2022 and order of charge dated 25.07.2023, of Case No. 1046 of 2022 (State v. Suhail Ahmad & Anr.), arising out of Case Crime No. 327 of 2022, under Sections 323, 504, 506 of IPC, P.S.- Kotwali, District- Basti, pending in the court of Judicial Magistrate/ Fast Track Court (Crime Against Women), Basti. 4. It is submitted by learned counsel for the applicant that applicant is brother-in-law of opposite party no. 2 and he has been falsely implicated in this case. Earlier, the opposite party no. 2 has lodged a First Information Report under Section 498-A of IPC and in that matter when applicant was exonerated, she has lodged First Information Report of this case. It is submitted that impugned proceedings are malicious and that trial court has not considered the facts of the matter in correct perspective and committed error by framing charges against the applicant. Learned counsel has next submitted that no prima facie case is made out against the applicant and the impugned proceedings are liable to be quashed. 5. Learned AGA has opposed the application and submitted that a prima facie case is made out against the applicants. 6. I have considered the rival submissions and perused the record 7. 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. 8. In the instant matter, perusal of record shows that applicant is brother-in-law of informant. She has lodged First Information Report against her husband and applicant. In the First Information Report, the informant has alleged that applicant has attacked with key of motorcycle and she sustained injuries at her hand. It is correct that in medical examination report, no injury has been shown at her hand but it may be stated that applicant is appearing in this case before the trial court since 28.03.2023. Charges have already been framed and part statement of one of the witnesses has already been recorded. There is no explanation regarding delay in filing this application under Section 528 BNSS. 9. Further, in view of material on record, it can not be said that no prima-facie case is made out against applicant. The submissions raised by learned counsel for the applicant 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. 10. After considering arguments raised by learned counsel for the parties and perusing the impugned complaint and the materials in support of the same, this Court does not find it to be a case which can be determined or gone into in an application under Section 528 BNSS. In view of material on record, particularly stage of trial, no case for quashing of impugned proceedings or any other interference is made out. Hence, the present application under Section 528 BNSS is liable to be dismissed. 11. Accordingly, the application u/s 528 BNSS is hereby dismissed. Order Date :- 25.7.2025 Rama Kant Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad