Neutral Citation No. - 2025:AHC:6099 Court No. - 73 Case :- APPLICATION U/S 482 No. - 32846 of 2024 Applicant :- Manish Swarup @ Bandar And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Prashant Yadav,Rajeev Kumar Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material brought on record. 2. This application u/s 482 Cr.P.C. has been filed for quashing of entire proceedings, including summoning order dated 02.06.2023, of Complaint Case No. 9107 of 2020 (Vaasdev Vs. Manish Swarup @ Bandar and Others), under Sections - 324, 504, 506 I.P.C., Police Station - Govardhan, District - Mathura, pending in the court of Judicial Magistrate, Court No.9, Mathura. 3. It is submitted by learned counsel for applicants that impugned complaint has been lodged making false and baseless allegations. In fact there was dispute over property and the opposite party no.2/complainant had filed a civil suit against applicants and others, which was dismissed by the civil court vide order dated 09.09.2021. The injuries shown to injured persons are wholly false. Earlier the complainant has filed one more complaint against applicants vide Complaint Case No. 12337 of 2020 and proceedings of that case were stayed by the co-ordinate Bench of this Court. Referring to facts of the matter, it was submitted that the allegations made against applicants are wholly false and impugned proceedings are malicious and thus, liable to be quashed. 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 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 in his statement recorded under Section - 200 Cr.P.C., the complainant has made clear allegations that he was abused and assaulted by the accused persons with sticks and 'farsa' and he has sustained injuries. The version of complainant is supported by witnesses examined under Section - 202 Cr.P.C.. It appears that in the alleged incident, the complainant as well as his wife have sustained injuries. The version of complainant is supported by medical examination reports. In view of these attending facts and circumstances, the impugned proceedings cannot be quashed merely on the basis that earlier there was some litigation between the parties. 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 as well as of witnesses, it cannot be said that no prima facie case is made out against applicants. Hence, the prayer for quashing of impugned proceedings is hereby refused. 8. However, keeping in view the facts of the matter, it is directed that in case, applicants appear/surrender before the court concerned within a period of three weeks from today and apply for bail, their bail application shall be considered and decided expeditiously in accordance with settled law. For a period of three weeks from today or till the applicants appear/surrender before the court below, whichever is earlier, no coercive action shall be taken against the applicants in the aforesaid case. 9. With the aforesaid observations, the instant application is disposed of. Order Date :- 15.1.2025 S Rawat Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad