HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 29112 of 2025 Court No. - 71 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 the entire proceedings, including charge-sheet dated 17.09.2022 as well as cognizance / summoning order dated 07.11.2023, of Case No. 19957 of 2023 (State Vs. Sant Kabir Gupta and Others), arising out of Case Crime No. 231 of 2022, under Sections - 323, 325, 504, 506, 427 I.P.C., Police Station - Kaptanganj, District - Kushinagar, pending before the Court of Civil Judge (S.D.) / A.C.J.M., Kushinagar at Padrauna. 3. It is submitted by learned counsel for applicants that applicants are innocent and no case is made out against them. Both the parties are 'pattidars' and that there was dispute between them regarding property. The injured persons have not sustained any serious injury. It is further submitted that the eye witnesses have submitted affidavits denying the prosecution version. It was submitted that applicants have been falsely implicated on account of property dispute and impugned proceedings are malicious and thus, liable to be quashed. 4. Learned A.G.A. has opposed the application and submitted that in view Versus Counsel for Applicant(s) : M J Akhtar Counsel for Opposite Party(s) : G.A. Santbir Alias Santkabir Gupta And 3 Others .....Applicant(s) State Of U.P. And Another .....Opposite Party(s) of allegations made in first information report and material 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 present case the informant has made allegation in the first information report that on 21.07.2022 at 04:00 PM, on account of property dispute, applicants-accused have abused and assaulted the informant and her family members with 'lathi' and sticks and that their paddy crop and vegetables were destroyed. It appears that informant has sustained five injuries and another injured Jaddu Gupta has sustained four injuries. As per x-ray report one of the injury of injured / informant - Anita Devi was shown grievous in nature, which was fracture in nasal bone. During investigation both the injured have supported the prosecution version. The affidavits submitted by the alleged eye witnesses cannot be considered at this stage. In view of material on record, 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 / NA528 No. 29112 of 2025 2 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 first information report and the material in support of the same, no case for quashing of impugned proceedings is made out. Accordingly, the prayer as made above is hereby refused. 9. However, it is directed that in case applicants appear / surrender before the court concerned within a period of three weeks from today and apply for bail, their bail application shall be considered and decided expeditiously in accordance with settled law. For a period of three weeks from today or till the applicants appear / surrender before the court below, whichever is earlier, no coercive action shall be taken against the applicants in the aforesaid case. 10. The application under Section 528 BNSS is disposed of in above terms. September 15, 2025 S Rawat NA528 No. 29112 of 2025 3 (Raj Beer Singh,J.) Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad