HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 29217 of 2025 Court No. - 71 HON'BLE RAJ BEER SINGH, J. 1. Heard learned counsel for the applicant, 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 06.08.2024 as well as cognizance / summoning order dated 06.09.2024, of Case No. 33 of 2024 (State Vs. Vinod @ Babi and Others), arising out of Case Crime No. 0217 of 2024, under Sections - 323, 504, 506, 427 I.P.C., Police Station - Sardhana, District - Meerut, pending in the court of Judicial Magistrate, Sardhana, Meerut. 3. It is submitted by learned counsel for applicant that applicant is innocent and he has been falsely implicated in this case. Alleged incident has been shown of 18:30 hours of 13.05.2024 but the medical examination of injured Poonam has been shown to have been conducted at 08:00 AM on 13.05.2024. In the first information report entire family of applicant was named but during investigation several of them have been exonerated. There is property related dispute between the parties. Learned counsel has referred first information report and material on record and submitted that no prima facie case is made out. It was also stated that in respect of co-accused Vinod @ Babli and Sushil this Court Versus Counsel for Applicant(s) : Atul Kumar Tiwari Counsel for Opposite Party(s) : G.A. Ankur .....Applicant(s) State of U.P. .....Opposite Party(s) has already passed interim order. Referring to facts of matter it was submitted that impugned proceedings are liable to be quashed. 4. Learned A.G.A. has opposed the application and submitted that in view of allegations made in the first information report and the material collected during investigation, a prima-facie case is made out against applicant. It was submitted that role of applicant is distinguished from co- accused persons, in whose favour interim order has been passed, as specific role has been assigned to the applicant. 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. Perusal of record shows that in the instant matter the informant has lodged first information report alleging that on 13.05.2024 applicant and co-accused persons have started damaging sugarcane crop of informant by a tractor and when his mother tried to stop them, co-accused Sushil has assaulted her and that applicant has hit her with a tractor resultantly, she has sustained injures. It appears that in the alleged incident several persons have sustained injuries. The injured persons have supported the prosecution version during investigation and specific role of attacking the NA528 No. 29217 of 2025 2 mother of informant with tractor has been assigned to the applicant. Thus, the case of applicant is distinguished from the aforesaid two co-accused persons. Merely because there is inconsistency regarding time of medical examination of injured, impugned proceedings are not liable to be quashed on that ground alone. 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. Accordingly, the prayer as made above is hereby refused. 8. However, it is directed that in case applicant 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 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 23, 2025 S Rawat NA528 No. 29217 of 2025 3 (Raj Beer Singh,J.) Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad