Neutral Citation No. - 2025:AHC:134358 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 24226 of 2025 Applicant :- Mohd Aabad And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sudhakar Shukla 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 02.07.2024 as well as cognizance / summoning order dated 02.09.2024, of Criminal Case No. 3166 of 2024 (State Vs. Aabad and Others), arising out of Case Crime No. 273 of 2024, under Sections - 323, 324, 325, 504, 506 IPC, Police Station - Deoband, District- Saharanpur, pending before the Court of Additional Judicial Magistrate, Deoband, Saharanpur. 3. It is submitted by learned counsel for applicants that the allegations levelled against applicants are wholly false and no prima-facie case is made out. It was stated that on 17.02.2024 the brother of applicant no.1 and 2 has lodged a first information report against opposite party no.2 for offence under Section - 504, 506 I.P.C. and after that the first information report of this case has been lodged on 29.05.2024, as a counter blast. Referring to facts of the matter, it was submitted that the injuries shown to the injured persons are false and that no prima-facie case is made out against applicants. 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. 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 perusal of record shows that the informant has made allegations that on 29.05.2024 at about 02:15 PM, on account of previous dispute, applicants-accused have assaulted the informant and his brothers Mohd. Ali and Zulfikar with 'lathi' and sticks and resultantly, they have sustained injuries. The version of information is supported by the injured witnesses examined under Section - 161 Cr.P.C.. The prosecution version is further supported by medical examination report of injured persons. One of the injured, namely, Mohd. Ali has sustained grievous injury. It is correct that earlier a first information report was lodged by the brother of applicant no.1 and 2 against opposite party no.2 on 17.02.2024, under Section - 504, 506 I.P.C. but in view of attending facts, particularly considering the injuries sustained by the injured persons, it cannot 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 :- 8.8.2025 S Rawat Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad