Neutral Citation No. - 2025:AHC:127880 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 24088 of 2025 Applicant :- Tasauwar And 7 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd. Ishraque Farooqui Counsel for Opposite Party :- G.A. 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 filed for quashing of the entire proceedings, including charge-sheet dated 03.09.2023 as well as cognizance / summoning order dated 10.01.2024, of S.T. No. 2579 of 2024 (State Vs. Tasauwar and others), arising out of Case Crime No.154 of 2023, under Sections 147, 148, 323, 324, 307, 352, 452 IPC, P.S.- Titavi, District- Muzaffarnagar, pending in the court of Additional District Judge / F.T.C.- IInd, Muzaffarnagar. 3. It has been submitted by learned counsel for the applicants that regarding an incident dated 10.06.2023 the applicant no.1 has lodged a first information report against opposite party no.2 and others for offence under Sections 34, 147, 148, 323, 504, 506, 452, 307 IPC and in that incident eight persons have sustained injuries from the side of applicants. Regarding same incident the first information report of this case has been lodged by opposite party no.2, making false and baseless allegations. Learned counsel submitted that the allegations levelled by opposite party no.2 and injured persons are false and that impugned proceedings are liable to be quashed. 4. Learned AGA has opposed the application and submitted that regarding incident dated 10.06.2023 the opposite party no.2 has lodged first information report of this case for offence under Sections 34, 147, 148, 323, 352, 452, 307 IPC and after that the applicant no.1 has lodged first information report as a cross case. In the alleged incident four persons have sustained injuries from the side of opposite party no.2 / informant. It was submitted that 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 it appears that in the incident dated 10.06.2023 both the parties have sustained injuries. Four persons have sustained injuries from the side of opposite party no.2 / informant and eight persons have sustained injuries from the side of applicants. Both the parties have lodged case against each other. The opposite party no.2 has lodged first information report of this case under Sections 34, 147, 148, 323, 352, 452, 307 IPC and after that the applicant no.1 has lodged a cross case. As both the parties have sustained injuries, thus various questions of facts are involved. 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 :- 31.7.2025 'SP'/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad