Neutral Citation No. - 2025:AHC:128028 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 24143 of 2025 Applicant :- Rajesh Bhartiya And 4 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 A.G.A. for the State and perused the record. 2. This application under Section 528 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as BNSS) has been filed for quashing of entire proceedings, including charge sheet dated 09.02.2024 as well as cognizance / summoning order dated 02.04.2024, of Case No. 345 of 2024 (State Vs. Rajesh Bhartiya and Others), arising out of Case Crime No. 0343 of 2023, under Sections - 147, 149, 323, 325, 308 I.P.C., Police Station - Tharwai, District- Ganga Nagar (Commissionerate Prayagraj), pending before the Court of Judicial Magistrate-II, Allahabad. 3. It is submitted by learned counsel for the applicants that applicants are innocent and no prima-facie case is made out against them. It was submitted that as per prosecution version an incident has taken place between the parties on 18.11.2023 but both the parties have compromised the matter. After that the opposite party no.2 has lodged first information report of this case showing a false incident of 19.11.2023. In the medical examination report of injured persons, injuries have been shown about 24 hours old and injured were examined on 19.11.2023 and thus, it is not possible that they may have sustained any injury on 19.11.2023 and thus, the alleged incident is false. Referring to facts of the matter, it was submitted that no prima-facie case is made out against applicants and thus, the impugned proceedings are liable to be quashed. 4. Learned A.G.A. has opposed the application and submitted that in view of allegations made in the first information report and material collected during investigation, a prima facie case is made out against applicants. It was submitted that in the alleged incident, three persons have sustained injuries and one of the injured has sustained serious injury. 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. 7. In the instant matter the informant has lodged first information report alleging that on 18.11.2023 a quarrel has taken place between the parties but due to intervention of some persons, matter was subsided. It was further alleged that on 19.11.2023 at about 01:00 PM the applicants have assaulted the injured persons and resultantly several family members of informant have sustained injuries. The version of informant is supported by the injured persons in their statements recorded under Section - 161 Cr.P.C. The prosecution version is further supported by the injury reports of the injured persons, wherein it has been shown that three injured persons have sustained several injuries. Merely because the injuries of the injured persons were shown 24 hours old, the impugned proceedings are not liable to be quashed on that ground. In view of material on record, it can not be said that no prima-facie case is made out against 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 :- 31.7.2025 S Rawat Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad