Neutral Citation No. - 2025:AHC:130143 HIGH COURT OF JUDICATURE AT ALLAHABAD (Sl. No. 3) Court No. - 78 Case :- APPLICATION U/S 482 No. - 36994 of 2024 Applicant :- Izhar And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Krishna Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Anish Kumar Gupta,J. 1. Heard Sri Krishna Kumar Mishra, learned counsel for the applicant and Sri Rakesh Kumar Mishra, learned A.G.A. for the State. 2. The instant application under Section 482 Cr.P.C. has been filed seeking quashing of the order dated 10.11.2022 passed in Complaint No. 10943 of 2020 (Munni Vs. Izhar & others) and the order dated 13.10.2023 passed by District & Sessions Judge, Varanasi in Criminal Revision No. 524 of 2022 (Munni vs. State of U.P. & others) as well as the entire proceedings of the aforesaid case. 3. Learned counsel for the applicants submits that with regard to same incident on the date of incident itself an FIR was lodged on behalf of the applicants by the wife of applicant no. 1 against the husband of the opposite party no. 2 and her other family members. For the same incident, the instant complaint case has been lodged by the opposite party no. 2. Therefore, learned counsel for the applicant summits that the instant complaint case is nothing but a malicious prosecution being a counterblast case on behalf of the opposite party no. 2. Therefore, he seeks quashing of the entire proceeding of the instant case. 4. Per contra, learned A.G.A. submits that both the parties are admitting the incident dated 13.7.2020 at around 12 p.m. Thus, there is admission on part of the applicants as well that some incident has taken place but both the parties are alleging the other side was aggressor. Therefore, while exercising the powers under Section 482 Cr.P.C., it cannot be decided who was the aggressor in the instant case. In view thereof, no interference is called for in the instant case. 5. Having heard the learned counsel for the parties, this Court has carefully gone through the record of the case. 6. On 13.7.2020, an FIR was lodged by the wife of the applicant no. 1 against the husband of the opposite party no. 2 and her entire family members with regard to an incident dated 13.7.2020 at around 12:00PM. The instant complaint case has also been lodged for the same incident dated 13.7.2020 and the timing is around 12:30 PM. The allegation is that the applicants came at the house of opposite party no. 2 and abused them and thereafter entered into the house and assaulted the opposite party no. 2 and her family members. Therefore, in view of the aforesaid complaint, after recording the statement of witnesses under Section 200 and 202 Cr.P.C., the trial court has summoned the applicants for the offence under Section 323, 504, 506 IPC. Against the said summoning order, a Criminal Revision was filed by the opposite party no. 2 which was allowed vide order dated 13.10.2023 and the offence under Section 452 IPC was also added against the applicants, which is in conformity with the allegations made in the complaint. 7. Both the parties do not deny the incident as such and rather they are admitting the incident dated 13.7.2020 and at around 12:00 PM but both the parties have their own version of the incident. Therefore, which is the correct version of the incident cannot be decided while exercising the jurisdiction under Section 482 Cr.P.C. and it can be done only during the trial of the case before the trial court. In view thereof, this Court do not find any good reason to interfere in the said complaint case and the impugned orders passed by the courts below. 8. Accordingly, the instant application stands dismissed. Order Date :- 1.8.2025 Kirti (Anish Kumar Gupta, J.) Digitally signed by :- SMT KIRTI MISHRA High Court of Judicature at Allahabad