Neutral Citation No. - 2025:AHC:7062 Court No. - 73 Case :- APPLICATION U/S 482 No. - 24540 of 2024 Applicant :- Kamlesha Verma And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Arvind Kumar Arya 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 - 482 Cr.P.C. has been preferred for quashing of the entire proceedings, including summoning order dated 13.05.2024, of Complaint Case No. 283/IX/23 (Kunti Vs. Kamlesh Verma and Others), under Sections - 452, 504, 506, 323 I.P.C., Police Station - Kotwali Dehat,, District - Banda, pending in the court of Judicial Magistrate/Civil Judge (J.D.), Banda. 3. It is submitted by learned counsel for the applicants that impugned proceedings are malicious and no case is made out against applicants. It was submitted that on 26.08.2021, the family members of opposite party no.2 have assaulted the father of applicant no.3 and others and in that connection, the father of applicant no.3 has lodged a first information report on 20.09.2021 against husband of opposite party no.2 and others and thereafter the opposite party no.2 has filed an application under Section - 156(3) Cr.P.C. on 13.10.2021 as a counter blast to the said case. The complainant has sustained merely simple injuries. Referring to facts of the matter, it was submitted that impugned proceedings are counter blast and thus, liable to be quashed.. 4. Learned A.G.A. has opposed the application and submitted that in the alleged incident the complainant has sustained several injuries. The complainant has supported her version in her statement under Section - 200 Cr.P.C. and that witnesses examined under Section - 202 Cr.P.C. have also supported her version. 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 judgment 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 mater, perusal of record shows that the opposite party no.2/complainant has made allegations in the complaint that on 21.09.2021 at about 06:30 P.M., the applicants came at her shop and demanded some goods on credit and when she refused, they have assaulted the complainant and resultantly she has sustained several injuries. The complainant has supported her version in statement under Section - 200 Cr.P.C.. The complainant was medically examined on 22.09.2021 at government hospital. Five injuries have been shown on body of complainant. The version of complainant is also supported by the witnesses examined under Section - 202 Cr.P.C.. In view of these facts, the impugned proceedings cannot be quashed merely on the ground that earlier the father of applicant no.3 has lodged a first information report against husband of opposite party no.2 and others. The submissions raised by learned counsel for 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 view of material on record, no case for quashing of impugned proceedings is made out. Hence, the present application under Section - 482 Cr.P.C. is liable to be dismissed. 8. The application u/s 482 Cr.P.C. is hereby dismissed. Order Date :- 16.1.2025 S Rawat Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad