HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 28977 of 2025 Court No. - 71 HON'BLE RAJ BEER SINGH, J. 1. Heard learned counsel for the applicants and learned A.G.A. for the State. 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 01.04.2025 as well as cognizance / summoning order dated 21.07.2025, of Case No. 980 of 2025 (State Vs. Narveer and others), arising out of Case Crime No.845 of 2024, under Sections 191(2), 191(3), 190, 109, 115(2) BNS, P.S.- Faridpur, District- Bareilly, pending in the court of Judicial Magistrate, Faridpur, District- Bareilly.. 3. It has been submitted by learned counsel for the applicants that applicants are innocent and no prima-facie case is made out against them. It was stated that mother of applicant no.1 was Village Pradhan and that opposite party no.2 and others have illegally taken possession over public land and in that regard on 12.02.2025 the mother of applicant no.1 has lodged a first information report. Earlier also the Area Lekhpal has lodged a first information report against opposite party no.2. Learned counsel has referred contents of first information report and material on record and submitted that no prima-facie case is made out against applicants and that impugned proceedings are malicious and thus liable to be quashed. Versus Counsel for Applicant(s) : Ashish Srivastava Counsel for Opposite Party(s) : G.A. Narveer And 5 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 4. Learned AGA 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. 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 the informant / opposite party no.2 has lodged first information report alleging that on 06.11.2025 while he was working at his land, applicants have assaulted him and they have also threatened to kill him. In the alleged incident, the informant has sustained several injuries, including a fracture. It appears that the first information was lodged by mother of applicant no.1 on 12.02.2025, where as the first information report NA528 No. 28977 of 2025 2 of this case has already been registered on 06.11.2024. The version of informant was supported by the injury report of the informant. In view of material collected during investigation, it can not 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. September 8, 2025 'SP'/- NA528 No. 28977 of 2025 3 (Raj Beer Singh,J.) Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad