Neutral Citation No. - 2025:AHC:23795 Court No. - 73 Case :- APPLICATION U/S 482 No. - 27185 of 2024 Applicant :- Ravi And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kapil Tiwari Counsel for Opposite Party :- G.A.,Nandini Pandey Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicants, learned counsel for the opposite party no.2 and learned A.G.A. for the State. 2. This application under Section 482 Cr.P.C. has been filed for quashing of entire proceedings, including summoning order dated 25.04.2024, of Misc. Case No.1182 of 2023 (Arvind Kumar Vs. Ravi and Others), under Sections 452 & 394 I.P.C., Police Station- Binawar, District- Budaun, pending before the Court of Special Judge (D.A.A.)/Additional Sessions Judge, Budaun. 3. It has been submitted by learned counsel for the applicants that both the parties belong to one and same extended family and there was dispute over partition between them. On 17.12.2023 the applicant no.3 Sukhram has lodged a first information report against opposite party no.2 and others for offence under Sections 325, 323, 504, 506 IPC and after that the impugned complaint has been lodged on 21.12.2023 as a counterblast. It was submitted that no prima-facie case is made out against the applicants and impugned proceedings are counterblast and thus liable to be quashed. 4. Learned counsel for the opposite party no.2 has opposed the application and submitted that in the alleged incident dated 11.12.2023 the complainant has sustained injuries and his medical examination report is on record. The version of complainant is supported by witnesses examined under Section 202 Cr.P.C. It was submitted that 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 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, it appears that both the parties are members of one and same extended family and on 11.12.2023 an incident took place between them. In the said incident, both the parties have sustained injuries. The applicant no.3 has lodged a first information report and after that opposite party no.2 has lodged impugned complaint regarding the same incident. As both the parties have sustained injuries, thus it could not be said that no prima-facie case is made out against the 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. In view of allegations made in the complaint and statement of complainant recorded under Section 200 Cr.P.C. and of witnesses recorded under Section 202 Cr.P.C., it cannot be said that no prima facie case is made out against the applicants. Hence, the present application under Section 482 Cr.P.C. is liable to be dismissed. 7. The instant application u/s 482 Cr.P.C. is hereby dismissed. Order Date :- 19.2.2025 'SP'/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad