HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 30964 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 14.09.2023 as well as cognizance / summoning order dated 18.11.2023, of Case No. 116932 of 2023 (State Vs. Gurvindar Singh @ Prince), arising out of Case Crime No. 158 of 2023, under Sections - 323, 504, 506 I.P.C., Police Station - Ramnagar, District- Varanasi, pending before the court of Additional Civil Judge (Junior Division) / Additional Chief Judicial Magistrate-Vth, Varanasi. 3. It is submitted by learned counsel for applicants that applicants are innocent and they have been falsely implicated in this case. Regarding same incident a complaint was also filed by applicant no.1 against opposite party no.2 and others and in that complaint opposite party no.2 was summoned for offence under Section - 323, 504, 506 I.P.C.. The proceedings of that complaint case were stayed by this Court vide order dated 03.07.2025, passed in Application under Section - 528 BNSS No. 22345 of 2025. It was submitted that both the cases have to be tried together and thus, the proceedings of present case be also stayed. Versus Counsel for Applicant(s) : Roshni Murad, Suraj Kumar Singh Counsel for Opposite Party(s) : G.A. Gurvindar Singh @ Prince And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 4. Learned A.G.A. has opposed the application and submitted that in view of allegations made in first information report and material on record, 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 instant matter the opposite party no.2 has lodged first information report on 08.08.2023, alleging that on account of parking a bike in the way, the applicants have abused and assaulted the informant and resultantly he has sustained injuries. In medical examination report, six injuries have been shown to the informant. The prosecution version is supported by the witnesses examined under Section - 161 Cr.P.C.. In view of these facts and circumstances, it cannot be said that no prima facie case is made out. It appears that proceedings of complaint case lodged by the applicant no.1 were stayed by this Court on the ground that said complaint case was filed as a counter blast to the present case and there was no medical examination report to substantiate the allegation of complainant. In view of these facts and circumstances, the proceedings of present case cannot be quashed or stayed merely on the ground that the NA528 No. 30964 of 2025 2 proceedings of complaint case lodged by applicant no.1 have been stayed. 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 19, 2025 S Rawat NA528 No. 30964 of 2025 3 (Raj Beer Singh,J.) Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad