Smt. Pinki Alias Priyanak Devi and Another Vs State of U.P. and Another

Neutral Citation No. - 2025:AHC:109679

Court No. - 71

Case :- APPLICATION U/S 528 BNSS No. - 22337 of 2025

Applicant :- Smt. Pinki Alias Priyanak Devi And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Som Pal Counsel for Opposite Party :- G.A.

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Hon'ble Raj Beer Singh,J.

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

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This application u/s 528 Bharatiya Nagarik Suraksha Sanhita ( hereinafter referred to as 'BNSS' ) has been preferred against charge-sheet dated 02.08.2022 as well as cognizance / summoning order dated 26.06.2023, passed by A.C.J.M.-2, Pilibhit, in Case No. 9159 of 2023 (State Vs. Mohan Swaroop and others), arising out of Case Crime No.142 of 2022, under Sections 323, 504, 324, 308 IPC, P.S.- Bisalpur, District- Pilibhit, pending in the court of A.C.J.M.-Ist, Pilibhit.

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It has been submitted by learned counsel for the applicants that applicants are innocent and no prima-facie case is made out against them. The first information report of this case has been lodged by the father of applicant no.2. Applicant no.1 is daughterin-law of opposite party no.2. The allegations that applicants have assaulted the wife of informant, are wholly false. In fact she has sustained injuries accidentally as she has fallen on the ground. During investigation the informant has also made an application to the police for compromise. Referring to facts of the matter, it was submitted that no prima-facie case is made out against applicants.

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Learned AGA has opposed the application and submitted that in view of allegations made in first information report and materials on record, a prima-facie case is made out against applicants.

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I have considered the rival submissions and perused the record.

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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.

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In the instant matter perusal of record shows that informant has made allegation against applicants, who are his son and daughter-

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in-law that they have assaulted his wife. Thus, there is allegation that applicant no.2 along with his wife (applicant no.1) has assaulted his mother. The injured has sustained several injuries, including fracture. The version of informant is supported by statement of injured as well as by medical examination report. In view of these facts and circumstances, it can not be said that no prima-facie case is made out against applicants or the impugned proceedings are malicious. 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.

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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.

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Accordingly, the application u/s 528 BNSS is dismissed .

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Order Date :- 10.7.2025

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'SP'/-

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Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad

Smt. Pinki Alias Priyanak Devi and Another v. State of U.P. and Another

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