HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 30196 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 entire proceedings, including charge-sheet dated 25.05.2024 as well as cognizance / summoning order dated 17.01.2025, of Criminal Case No. 264 of 2025 (State Vs. Mohd. Tariq and Others), arising out of Case Crime No. 144 of 2024, under Sections - 323, 504, 506, 325 I.P.C., Police Station - Faiz Ganj Behata, District - Budaun, pending before the court of Judicial Magistrate-Ist, Bisauli, Budaun. 3. It is submitted by learned counsel for applicants that applicants are innocent and they have been falsely implicated in this case. There is property related dispute between the parties and that the court of Tehsildar Bisauli, Budaun has passed an order in favour of applicant no.1 and that revision against the said order was dismissed by the Additional Commissioner (Adm.), Bareilly Division, Bareilly. Later on the opposite party no.2 has filed a civil suit, which is pending. It was submitted that no relief has been granted by civil court in favour of opposite party no.2 so far. It is further submitted that on 07.04.2024 the opposite party no.2 and others have assaulted the applicants and in that incident applicant no.1 has Versus Counsel for Applicant(s) : Ram Tiwari Counsel for Opposite Party(s) : G.A. Mohammad Tariq And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) sustained serious injuries. Regarding that incident applicant no.1 has lodged a first information report against opposite party no.2 and others for offence under Section - 452, 323, 504, 506 I.P.C. and during investigation Section - 325 I.P.C. was also added. After that the opposite party no.2 has lodged first information report of this case on 08.04.2024 as a counter blast. The alleged fracture shown in the medical examination report of injured Mufid Ahmad is false and fictitious and the same has been manipulated. Learned counsel has referred facts of the matter and submitted that impugned proceedings are malicious and counter blast and thus, liable to be quashed. 4. Learned A.G.A. has opposed the application and submitted that in the alleged incident two persons have sustained injuries and one of the injured has sustained fracture and that 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 matter it appears that there was property related dispute between the parties and that an incident dated 07.04.2024 has taken place NA528 No. 30196 of 2025 2 between the parties. It appears that in the alleged incident both the parties have sustained injuries and both have lodged cases against each other. The applicant no.1 has lodged first information report against opposite party no.2 and others on 07.04.2024 at 23:50 hours for offence under Section - 452, 323, 504, 506 I.P.C.. Thereafter, the opposite party no.2 has lodged first information report against applicants regarding same incident on 08.04.2024 at 01:30 hours. In the alleged incident the informant has sustained two injuries. Another injured Mufid Ahmad has also sustained two injuries and in his x-ray report fracture has been shown in his little finger. As both the sides have sustained injuries and both the parties have lodged cases against each other thus matter involves various questions of fact, which can only be considered and decided by the Trial court. 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 23, 2025 S Rawat NA528 No. 30196 of 2025 3 (Raj Beer Singh,J.) Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad