Neutral Citation No. - 2025:AHC:85833 Court No. - 84 Case :- APPLICATION U/S 482 No. - 37971 of 2024 Applicant :- Anil And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abhishek Tiwari,Ram Krishna Shukla,Sanjay Kumar Upadhyay Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Heard Sri Abhishek Tiwari, 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 Criminal Case No.28059 of 2022, arising out of crime no.106 of 2022, under sections 323, 325 I.P.C., P.S.- Madhuban Bapudham, District-Ghaziabad, pending before Civil Judge (Jr. Div)/F.T.C.-1 (Crime Against Women), District- Ghaziabad as well as to quash the impugned charge sheet dated 15.04.2022 submitted by the Investigating Officer and also quash the impugned cognizance order dated 27.07.2022 passed by the Magistrate concerned in aforementioned case. 3. Counsel for the applicants submits that applicants have been falsely implicated in the present case due to mala fide intention. Instant FIR has been lodged with malicious intention only to harass the applicants. Applicants and informant are neighbour and due to previous enmity, the present FIR has been lodged. Applicants have also lodged a complaint against the informant. Medical examination report is not supporting the prosecution version. Cognizance taken by learned Magistrate is without application of judicial mind. 4. Per contra, learned A.G.A. opposed the submission raised by applicant's counsel and submits that averment made by applicants' counsel are disputed question of facts which cannot be considered at this stage. Injured has received fracture. Statement of witnesses are supporting the prosecution case. No interference is warranted. 5. 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. 6. 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. 7. The present 482 application of applicants-Anil and Sunil, is hereby dismissed with the aforesaid observation. 8. However, if applicants move discharge application before the concerned court below within two weeks from today, the court below shall decide their application in accordance with law, expeditiously, preferably within a period of two months from the date of filing of discharge application. 9. For the period of two weeks from today or till the time of filing of discharge application, whichever is earlier, no coercive action shall be taken against the applicants. Order Date :- 21.5.2025 Nitin Verma Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad