Neutral Citation No. - 2025:AHC:144636 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 26318 of 2025 Applicant :- Laeek And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Satyendra Narayan Singh,Saurabh Mishra 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 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 14.11.2014 as well as cognizance / summoning order dated 07.04.2025, of Case No. 105 of 2025 (State Vs. Shameem and Others), arising out of Case Crime No. 79 of 2024, under Sections - 457, 380, 427, 506, 411 I.P.C., Police Station - Saifni, District- Rampur, pending in the court of Additional Chief Judicial Magistrate-IIIrd, Rampur. 3. It is submitted by learned counsel for the applicants that applicants are innocent and no prima facie case is made out against them. In the first information report no date or time of the alleged incident has been shown and even the number of plot has not been mentioned. It was submitted that in fact regarding the disputed property father of applicant no.4 has filed a civil suit against five persons, including Shabana, and in that matter an ex-parte decree has already been passed. It was pointed out that properties of Gata No. 294 (ga) and Gata No. 327 (kha) are adjoining with each other and in place of land of Gata No. 294 (ga), the opposite parties were trying to grab land of Gata No. 327 (kha). Referring to facts of the matter, it was submitted that dispute between the parties is civil in nature and no criminal offence is made out. 4. Learned A.G.A. has opposed the application and submitted that in view of allegations made in first information report and materials on record, 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 informant has lodged first information report alleging that he has purchased the disputed plot and constructed boundary walls and a office in the said plot. Some building materials were also kept in the said premises. It was alleged that applicants have taken away 400 kg iron, cement and some other building materials from the plot of informant. The plot owner Smt. Shabana has made statement to the effect that she has agreed to sale her property Gata No. 294 (ga) to the informant of this case and property was in possession of informant, where he has constructed a tin shed and office but sale- deed was not executed so far. It also appears from record that as per plot owner the number of disputed property is Gata No. 294 (ga), whereas the said civil suit was filed in respect of Gata No. 327 (kha). Further there are allegations that applicants have committed robbery of building materials from the property, which was in possession of the informant. 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. In the instant matter, in view of the allegations made in the first information report and the material collected during investigation, no case for quashing of impugned proceedings is made out. Accordingly, the prayer as made above is hereby refused. 8. However, it is directed that in case applicants move an application for discharge before the Trial court concerned within a period of three weeks from today, the same shall be considered and decided expeditiously in accordance with law. For a period of three weeks from today and in case such an application is moved within the aforesaid period, till the disposal of such application, no coercive action shall be taken against applicants, provided applicants co-operate in early disposal of the discharge application. 9. The application under Section 528 BNSS is disposed of in above terms. Order Date :- 22.8.2025 S Rawat Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad