Neutral Citation No. - 2025:AHC:33718 Court No. - 73 Case :- APPLICATION U/S 482 No. - 32545 of 2024 Applicant :- Smt Bhuri And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Nitin Mukesh Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for applicants and the 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 28.03.2024, of Complaint Case No. 85 of 2023 (Ayub Ali Vs. Bhuri & Another), under Sections 406, 323, 506 I.P.C., Police Station Ganj, District Rampur, pending in the court of Judicial Magistrate, Rampur. 3. It is submitted by learned counsel for the applicants that impugned complaint has been lodged making false and baseless allegations. In fact, the opposite party no. 2 has not obtained appropriate permission to cut the trees and did not pay entire amount to the applicants. There are material contradictions in the statement of complainant and of witnesses. Referring to the facts of the matter, it was submitted that dispute between the parties is civil in nature and no prima facie case is made out against the applicants. 4. Learned A.G.A. has opposed the application. 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 mater, perusal of the record shows that the opposite party no. 2 has made allegations in the impugned complaint that he has purchased 30 mango trees from the applicants against consideration of Rs. 2,00,000/-. After obtaining permission in respect of ten trees, the opposite party no. 2 has paid Rs. 50,000/- to the applicants and Rs. 50,000/- were paid for obtaining required permission but out of that amount, the applicant Pramod Kumar has got deposited Rs. 10,000/- in the account of his father, who has already passed away. It was also alleged that twenty trees were illegally sold by the applicant to some other person. The complainant has supported the said version in his statement under Section 200 Cr.P.C. The said version is also supported by the witnesses in the statements 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, 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. Accordingly. the prayer as made above is hereby refused. 9. However, it is directed that in case applicants move an application for discharge within a period of three weeks from today before the Trial Court concerned, 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 for discharge is filed within the aforesaid period, till the disposal of discharge application, no coercive action shall be taken against the applicants, provided the applicants cooperate in early disposal of discharge application. 10. The application under Section 482 Cr.P.C. is disposed of in above terms. Order Date :- 7.3.2025 SK Srivastava Digitally signed by :- SAILESH KUMAR SRIVASTAVA High Court of Judicature at Allahabad