HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 1297 of 2024 Court No. - 80 HON'BLE CHAWAN PRAKASH, J. 1. Heard Mr. Ashish Kumar Chaurasiya, learned Counsel for applicants, learned A.G.A. for State and perused the record. No one is present on behalf of opposite party no.2. 2. This application under Section 482 Cr.P.C. has been filed by the applicants to quash the summoning order dated 12.10.2023 as well as entire criminal proceedings of Complaint Case No. 491 of 2023, Vimlesh Kumari v. Vimlesh @ Vinod and others, under Section 376D, 323, 504 and 506 I.P.C., Police Station Gursahayganj, District Kannauj, pending before the learned Special Judge (S.C./S.T. Act), Kannauj. 3. It is submitted by the learned Counsel for the applicants that applicant no.1 Mastram got a First Information Report registered against the husband of opposite party no.2 on 01.012.2022, as Case Crime No. 0678 of 2022, under Sections 452 and 376 I.P.C. and Section 5/6 POCSO Act, Police Station Gursahayganj, District Kannauj. The Police, after completion of investigation, filed a charge-sheet against the husband of opposite party no.2 under Section 452 and 376 I.P.C. and Section 5/6 POCSO Act. Thereafter, mother-in-law of opposite party no.2 filed an application under Section 156(3) Cr.P.C. regarding the incident dated 31.05.2022 against the applicant no.1 Mastram, applicant no.2 Naveen and one Ramkaran but the same was dismissed by the learned Special Judge (DAA), Kannauj on 02.09.2023. Thereafter, the opposite party no.2 filed an application under Section 156(3) Cr.P.C. against the applicants but the same dismissed for want of Versus Counsel for Applicant(s) : Abhishek Pratap Singh, Ashish Kumar Chaurasiya, Deepak Singh Patel Counsel for Opposite Party(s) : G.A., Shikha Singh Mastram And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) prosecution by the learned Trial Court on 14.03.2024. Thereafter, opposite party no.2 has filed the present complaint against the applicants regarding the incident dated 10.09.2023 whereas, the applicants have not committed any such incident. 4. It is further submitted that the present complaint has been filed by the opposite party no.2 just to harass the applicants and create pressure upon them to withdraw the First Information Report lodged against the husband of the opposite party no.2. The complainant got herself examined under Section 200 Cr.P.C. and witnesses Anamika and Chhavinath under Section 202 Cr.P.C. The learned Special Judge has not taken into consideration the statements of complainant and witnesses properly and summoned the applicants to face trial under Sections 376D, 323, 504 and 506 I.P.C. whereas no prima facie case is made out against the applicants. The learned Special Judge has not taken into consideration the fact that there is previous enmity in between the applicants and opposite party no.2 and the opposite party no.2 has concealed the fact, therefore, the summoning order as well as entire proceedings of the aforesaid case may be quashed. 5. Per contra, learned A.G.A. has submitted that from the perusal of the allegations made in the complaint, the statements of the complainant and witnesses and the material collected during the course of investigation, prima facie, offence is clearly made out against the applicants and as such, entire proceedings cannot be quashed. The learned Trial Court has not committed any illegality in passing the impugned summoning order, therefore, the present application may be dismissed. 6. As per the fact of this case, opposite party no.2 has filed a complaint against the applicants regarding the incident dated 10.09.2023. The complainant got herself examined under Section 200 Cr.P.C. and witnesses Anamika and Chhavinath under Section 202 Cr.P.C. Thereafter, the learned Special Judge has summoned the applicants to face trial under Sections 376D, 323, 504 and 506 I.P.C. The learned Special Judge has not taken into consideration the fact as stated in the complaint and the statement of complainant under Section 200 Cr.P.C. and witnesses under Section 202 Cr.P.C. A482 No. 1297 of 2024 2 7. From the perusal of the material on record and looking into the facts of the case at this stage, it cannot be said that no offence is made out against the applicant. All the submission made at the bar relates to the disputed question of fact, which cannot be adjudicated upon by this Court in exercise of power conferred under Section 482 Cr.P.C. At this stage only prima facie case is to be seen in the light of the law laid down by Supreme Court in cases of R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar Vs. P.P.Sharma, 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283. The disputed defence of the accused cannot be considered at this stage. 8. Considering the facts and circumstances of the case, I do not find any ground to quash the aforementioned case, therefore, the prayer for quashing the same is hereby refused. 9. Accordingly, the application is dismissed. March 19, 2026 Vijay A482 No. 1297 of 2024 3 (Chawan Prakash,J.) Digitally signed by :- VIJAY KUMAR SAHU High Court of Judicature at Allahabad Digitally signed by :- VIJAY KUMAR SAHU High Court of Judicature at Allahabad Digitally signed by :- VIJAY KUMAR SAHU High Court of Judicature at Allahabad Digitally signed by :- VIJAY KUMAR SAHU High Court of Judicature at Allahabad