Neutral Citation No. - 2025:AHC:121671 Court No. - 72 Case :- APPLICATION U/S 482 No. - 34767 of 2024 Applicant :- Baramdeen And 8 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajeet Kumar,Sujan Singh Counsel for Opposite Party :- Dwijendra Prasad,G.A. Hon'ble Deepak Verma,J. 1. Supplementary affidavit, filed today, is taken on record. 2. Heard learned counsel for the applicants; Sri Pradyumn Kumar, Advocate holding brief for Sri Dwijendra Prasad, counsel for the opposite party no.2; learned A.G.A. for the State and perused the record. 3. The present 482 Cr.P.C. application has been filed to quash the entire proceedings of Case No. Nil of 2024, pending before the Additional Chief Judicial Magistrate-I/F.T.C. Kaushambi (State Vs. Baramdeen & others) arising out from Case Crime No. 65 of 2024, registered under Sections 452, 323, 506, 427 & 34 Indian Penal Code at Police Station Charwa, District-Kaushambi. 4. Counsel for the applicants submits that allegation alleged in the F.I.R. is false and baseless. No offence against the applicants is disclosed and the present prosecution has been instituted with malafide intention for the purposes of harassment. It is next submitted that applicants and opposite party no. 2 are family members and on account of property dispute, present proceedings has been initiated. Civil suit is pending between the parties. The F.I.R. allegation is not supported by injury report. The injuries received by the injured are simple in nature. 5. Per contra, counsel for the opposite party no. 2 and learned A.G.A. vehemently opposed the prayer for quashing the proceedings of the aforesaid case and submitted that present application is misconceived as the applicants has not filed injury report and statement of witnesses recorded during investigation. It is further submitted that on account of property dispute, applicants assaulted the opposite party no. 2 and others. Prima facie, offence is made out against the applicants. It is next submitted that submission raised by counsel for the applicant is based on factual dispute. The trial court has to examine the same. This Court under Section 482 Cr.P.C. has no power to examine the factual dispute of the matter. 6. 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. The F.I.R. allegation is supported by the medical examination report and the statement of the witnesses recorded during investigation. All the submissions made at the bar relate to the disputed questions of facts, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C. 7. In view of the above, in the light of judgment of the Apex Court in the matters of R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, Manik B. Vs. Kadapala Sreyes Reddy & Anr. 2023 LiveLaw (SC) 642, 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,, no ground for quashing the proceedings of the aforesaid case, is made out which may call for any interference by this Court in exercise of its inherent power under Section 482 Cr.P.C. 8. The present application under Section 482 Cr.P.C. lacks merit and is, accordingly, dismissed. Order Date :- 24.7.2025 Meenu Singh Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad