Neutral Citation No. - 2025:AHC:63736 Court No. - 71 Case :- APPLICATION U/S 482 No. - 2002 of 2025 Applicant :- Shambhu @ Shambhu Nath And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Devesh Pandey Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicants and learned A.G.A. for the State. 2. This application u/s 482 Cr.P.C. has been filed for quashing of the entire proceedings, including summoning order dated 04.08.2023, of Complaint Case No. 905 of 2018, under Sections 504, 427 I.P.C., Police Station Chopan, District Sonbhadra, pending in the court of C.J.M., Sonbhadra. 3. It has been argued by learned counsel for the applicants that the impugned complaint has been lodged by opposite party No. 2/complainant making false and baseless allegations and that no prima facie case is made out. The applicant No. 1 is son of opposite party No. 2/complainant and there are no reasons that why he would involve in such an incident. The complainant has not sustained any injury. It was further submitted that regarding disputed land the complainant and one Kailash and Ramveer have abused and assaulted applicant No. 1 and in that connection a complaint was filed in the year 2015 and they were summoned. Referring to the facts of the matter, it was submitted that the allegations levelled against the applicants are wholly false and no prima facie case is made out against the applicants. 4. Learned A.G.A. has opposed the application and submitted that in view of the allegations made in the complaint and in the statement of complainant, recorded under Section 200 Cr.P.C., as well as in the statements of witnesses, recorded under Section 202 Cr.P.C., a prima facie case is made out against the 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 judgment 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 instant matter perusal of record shows that applicant No. 1 is son and applicant No. 2 is daughter-in-law of the complainant. The complainant has made allegations that on 26.08.2018 at about 11:00 PM all the applicants-accused have taken cattle, including cows to his maize crop and damaged his crop. After receiving information, complainant reached there and confronted them and applicants have abused him. They have caused loss of about Rs. 16,000/- to the complainant by damaging his crop. The complainant has supported this version in his statement, recorded under Section 200 Cr.P.C. The version of complainant is further supported by witnesses, examined under Section 202 Cr.P.C. The submissions raised by learned counsel for the applicants call for determination on questions of fact which may be adequately adjudicated upon only by the trial court and even the submissions made on points of law can also be more appropriately gone into only 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 482 Cr.P.C. 8. After considering arguments raised by learned counsel for parties and perusing the impugned complaint and the materials 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 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 applicants, provided applicants co-operate in early disposal of the discharge application. 10. The application u/s 482 Cr.P.C. is disposed of in above terms. Order Date :- 25.4.2025 Anand Digitally signed by :- ANAND VERMA High Court of Judicature at Allahabad