Digambar Alias Dalchand Vs State of U.P. and Another

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 10.06.2025 as well as cognizance / summoning order dated 20.06.2025, of Case No. 518 of 2025 (State Vs. Digambar Alias Dalchand), arising out of Case Crime No.145 of 2025, under Sections 324(4), 351(3) BNS, P.S.- Gabhana, District- Aligarh, pending in the court of Judicial Magistrate- Ist, Aligarh.

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It has been submitted by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in this case. Earlier, the grand father of applicant has lodged a case against opposite party no.2 and five others for offence under Sections 117, 323, 324, 504, 452 IPC and that case was pending before the trial Court. The opposite party no.2 and others were pressurizing the applicant for compromise in that case and when he refused, the first information report of this case has been lodged with mala-fide intention. It was submitted that there is long delay in lodging of first information report. It is further submitted that as per statement of informant, when he as well as his son were present at the spot and they were waiting for a tractor, the applicant has put the wheat crop of informant on fire. It was submitted that in presence of informant and his son, such incident is not

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possible. It was stated that applicant is a student of polytechnic and he has been falsely implicated in this case with mala-fide intention. Referring to facts of the matter, it was submitted that impugned proceedings are malicious and thus liable to be quashed.

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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 primafacie 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 the informant has made allegation that on 21.04.2025

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while he and his son were waiting for tractor for thrashing of wheat crop, the applicant put his crop on fire. The informant and his son tried to catch the appliant but he ran away. The said version is supported by informant and other witnesses during investigation. The alleged case lodged from the grand father of applicant pertains to an incident of the year 2017. In view of allegations made in the first information report and material collected during investigation, it can not be said that no prima-facie case is made out against applicant. The submissions raised by learned counsel for the applicant 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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September 19, 2025 'SP'/-

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(Raj Beer Singh,J.)

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

Digambar Alias Dalchand v. State of U.P. and Another

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