Neutral Citation No. - 2025:AHC:19734 Court No. - 73 Case :- APPLICATION U/S 482 No. - 27116 of 2024 Applicant :- Anoop Yadav @ Amit Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anil Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicant 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 26.02.2024, of Complaint Case No. 152935 of 2023, under Sections 504, 323 I.P.C., Police Station Kotwali, District Kanpur Nagar, pending in the court of M.M., Room No. 3, Kanpur Nagar. 3. It has been argued by the learned counsel for the applicant that the impugned complaint has been lodged by making false and baseless allegations. As per version of the opposite party No. 2/complainant, the applicant has issued some cheques in favour of the complainant, which were dishonoured but no case under Section 138 N.I. Act was filed by the complainant. The alleged incident of assault has been shown at the gate of district court compound, which is a crowded place, and it is not probable that any such incident might have taken place. Referring to the material on record and statements of complainant and of witnesses, it was submitted that no prima facie case is made out against the applicant. 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 applicant. 5. 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. 6. In the instant matter perusal of record shows that the complainant has alleged in the impugned complaint that he has supplied goods worth Rs. 35 lacs to the applicant but only payment of Rs. 2,50,000/- was made against that goods and five cheques total amount of Rs. 20 lacs were issued in favour of the complainant, which were dishonoured. The complainant has further alleged that on 16.09.2023 the complainant was called by the applicant to district court in the office of his advocate and when the complainant reached at the gate no. 4 of the district court compound, applicant and some other persons have assaulted him. The version of complainant is supported by witnesses, examined under Section 202 Cr.P.C. In view of material on record, it cannot be said that no prima facie case is made out against the applicant. The submissions raised by learned counsel for the applicant 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. 7. After considering arguments raised by learned counsel for parties and perusing the impugned complaint and the materials in support of the same, this Court does not find it to be a case which can be determined or gone into in an application under Section 482 Cr.P.C. The application u/s 482 Cr.P.C. lacks merit and thus, liable to be dismissed. 8. The application u/s 482 Cr.P.C. is accordingly dismissed. Order Date :- 11.2.2025 Anand Digitally signed by :- ANAND VERMA High Court of Judicature at Allahabad