Neutral Citation No. - 2025:AHC:85172 Court No. - 84 Case :- APPLICATION U/S 482 No. - 35036 of 2024 Applicant :- Ramlakhan And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dewarshi Kumar Rai Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Heard Sri Dewarshi Kumar Rai, learned counsel for the applicants and learned AGA for the State. 2. The present 482 Cr.P.C. application has been filed to quash the entire proceedings of Case No.3793 of 2024, State Vs. Nati @ Lallu & another as well as impugned Summoning order dated 26.06.2024 and also to quash the Charge Sheet dated 27.12.2023 arising out of Case Crime No.129 of 2023, Under Sections 354, 452, 504, 506 I.P.C., Police Station Raipura District Chitrakoot, pending in the court of Judicial Magistrate First, Chitrakoot. 3. It is alleged in the FIR that on 11.10.2023, applicant No.2 entered in the house of informant and physically molested her, thereafter, on 18.10.2023 applicant No.1 (brother of applicant No.2) came to the house of informant and used abusive language and threatened her for dire consequences, hence, the present FIR has been lodged against the applicants on 19.10.2023. 4. Counsel for the applicants submits that applicants have been falsely implicated in the present case due to mala fide intention. Informant has lodged present FIR in pressure of I.O. as applicant No.1 had lodged FIR against the I.O. and SHO, a copy of the same has been filed as annexure 9 to the affidavit. Instant FIR is malicious prosecution and the same has been lodged after about 9 days of the incident in the pressure of I.O. The statement of victim recorded U/s 161 and 164 Cr.P.C. do not disclose any offence against the applicants. 5. Per contra, learned A.G.A. vehemently opposed the submission raised by applicant's counsel and submits that as per contents of FIR and statement of witnesses recorded U/s 161 and 164 Cr.P.C., prima facie offence is made out against the applicants. Victim in her statement has stated that applicant entered in the house of informant and physically assaulted and threatened her for dire consequences if she reports in police station. From the statement of victim, prima facie, offence is made out. He further submitted that submission raised by applicants' counsel, are disputed question of facts, which cannot be entertained at this stage. No interference is warranted. 6. The grounds taken in the application reveal that many of them relate to disputed question of fact. This Court is of the view that it is well settled that the appreciation of evidence is a function of the trial court. This Court in exercise of power under Section 482 Cr.P.C. cannot assume such jurisdiction and put an end to the process of trial provided under the law. It is also settled by the Apex Court in catena of judgments that The impugned criminal proceeding against the applicants is abuse of the process of the Court and is liable to be quashed by this Court.the power under Section 482 Cr.P.C. at pre-trial stage should not be used in a routine manner but it has to be used sparingly, only in such an appropriate cases, where it manifestly appears that there is a legal bar against the institution or continuance of the criminal proceedings or where allegations made in First Information Report or charge-sheet and the materials relied in support of same, on taking their face value and accepting in their entirety do not disclose the commission of any offence against the accused. The disputed questions of facts and defence of the accused cannot be taken into consideration at this pre-trial stage. 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 and another, 2023 Live Law (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. as the same do not suffer from any illegality or infirmity. 8. The present 482 application of applicants-Ramlakhan and Nati @ Lallu, is hereby dismissed with the aforesaid observation. Order Date :- 21.5.2025 Nitin Verma Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad