HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 30147 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 08.05.2025 as well as cognizance / summoning order dated 27.06.2025, of Case No. 701 of 2025 (State Vs. Asim and others), arising out of Case Crime No.78 of 2025, under Section 126(2), 352, 115(2), 351(3) BNS, P.S.- Bhagatpur, District- Moradabad, pending in the court of Judicial Magistrate, Thakurdwara, Moradabad. 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. Both the parties are neighbours and there is property related dispute between them. In the first information report only general and vague allegations have been levelled and no specific role has been assigned to any of the accused- applicants. The injured has sustained merely simple injuries. Referring to facts of the matter, it was submitted that impugned proceedings are liable to be quashed. 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. Versus Counsel for Applicant(s) : Adil Jamal, Shabeh Jamal Counsel for Opposite Party(s) : G.A. Asim And 2 Others .....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 the informant has made allegation in the first information report that on 12.04.2025 at 04:30 AM applicants have stopped him in the way and they abused and assaulted him with lathi and sticks and resultantly he has sustained injuries. In medical examination report, six contusions have been shown on the person of informant / injured. During investigation, the informant and witnesses have supported the prosecution version. The prosecution version was further supported by medical examination report. In view of material on record it can not be said that no prima facie case is made out. The submissions raised by learned counsel for NA528 No. 30147 of 2025 2 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. Hence, the prayer sought above is hereby refused. 9. However, it is directed that in case applicants 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 surrender before the court concerned, whichever is earlier, no coercive action shall be taken against the applicants in the aforesaid case. 10. With the aforesaid observations, the application u/s 528 BNSS is disposed of. September 16, 2025 'SP'/- NA528 No. 30147 of 2025 3 (Raj Beer Singh,J.) Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad