HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 29417 of 2025 Court No. - 71 HON'BLE RAJ BEER SINGH, J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. The present application under Section 528 of Bhartiya Nagarik Suraksha Sanhita (hereinafter referred to as 'BNSS') has been filed for quashing of the entire proceedings, including charge-sheet dated 21.09.2024 and cognizance / summoning order dated 07.11.2024, of criminal case no. 604 of 2024, arising out of case crime no. 0116 of 2024, under Section 298 BNS, P.S. Saifani, District Rampur, pending in the court of J.M., Rampur. 3. It has been argued by learned counsel for the applicant that applicant is innocent and no prima facie case is made out against him. It was submitted that in fact the disputed land is part of the land of applicant and in that regard a civil suit has been decided in favour of the applicant and execution of the same is pending. Learned counsel has referred the contents of first information report and statements of witnesses and submitted that no prima facie case is made out against the applicant and that the impugned proceedings are liable to be quashed. 4. Learned A.G.A. has opposed the application and argued that in view of the allegations made in the first information report and the material collected during investigation, a prima facie case is made out against the applicant. Versus Counsel for Applicant(s) : Angad Yadav, Mahender Pal Singh Yadav Counsel for Opposite Party(s) : G.A. Hargyan Singh .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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 perusal of record shows that the informant, who is Village Pradhan, has made allegations in the first information report that in some part of Gata No. 79/01 there is cremation ground of Hindu Nut Community since several years. The Hindu community also considers the disputed land as cremation ground. It was alleged that applicant has damaged the said cremation ground by tractor in order to take possession over that land. It appears that the version of informant is supported by several independent witnesses. The submissions raised by learned counsel for the applicant 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. NA528 No. 29417 of 2025 2 Accordingly, the prayer as made above is hereby refused. 8. However, it is directed that in case applicant moves 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 applicant, provided applicant co-operates in early disposal of the discharge application. 9. The application under Section 528 BNSS is disposed of in above terms. September 17, 2025 Anand NA528 No. 29417 of 2025 3 (Raj Beer Singh,J.) Digitally signed by :- ANAND VERMA High Court of Judicature at Allahabad