Neutral Citation No. - 2025:AHC:827 Court No. - 73 Case :- APPLICATION U/S 482 No. - 25319 of 2024 Applicant :- Ashok Kumar Gupta @ Pappu And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Laxmi Narayan Rathour Counsel for Opposite Party :- Ajay Sengar,G.A.

Hon'ble Raj Beer Singh,J.

1. Heard learned counsel for the applicants and learned A.G.A. for the State.

2. This application under Section 482 Cr.P.C. has been preferred against the order dated 24.05.2024, passed by learned Special Judge, Jalaun at Orai in Complaint Case No.123 of 2023 (Lavlesh Vs. Ashok Kumar Gupta and Others), under Sections 323, 504, 506, 392, 307 I.P.C., Police Station- Rampura, District- Jalaun.

3. It has been submitted by learned counsel for the applicants that the impugned proceedings are malicious and that no prima-facie case is made out against them. It was stated that regarding an incident dated 29.08.2023 applicant no.1 has lodged a first information report against opposite party no.2 and his family members for offence under Sections 323, 504, 506, 427 IPC and after 20 days of the same, the opposite party no.2 has filed the impugned complaint against applicants making false and baseless allegations and as a counterblast to the case lodged by the applicant no.1. Referring to facts of the matter, it was submitted that impugned proceedings are counterblast and malicious 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, the complainant has sustained five injuries, including incised wound, and that there is no illegality or perversity in the impugned order. 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, perusal of record shows that the complainant has made clear allegations in his statement under Section 200 Cr.P.C. that the applicants have assaulted him and in the said incident, he has sustained injuries. His version is supported by his medical examination report. The version of complainant is further supported by the witnesses examined under Section 202 Cr.P.C. 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 the statements of witnesses under Section 202 Cr.P.C., it cannot be said