Neutral Citation No. - 2025:AHC:140471 HIGH COURT OF JUDICATURE AT ALLAHABAD (Sl. No. 12) Court No. - 78 Case :- APPLICATION U/S 482 No. - 37159 of 2024 Applicant :- Anil Kumar And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashok Kumar Mishra,Avesh Mishra Counsel for Opposite Party :- G.A. Hon'ble Anish Kumar Gupta,J. 1. Supplementary affidavit filed today is taken on record. 2. Heard Sri Ashok Kumar Mishra, learned counsel for the applicants and Sri S.K. Ojha, learned A.G.A. for the State. 3. The instant application under Section 482 Cr.P.C. has been filed seeking quashing of the entire proceedings of Complaint Case No. 238 of 2024 (Surya Pratap Singh vs. Anil Kumar and others) under Section 452, 323, 504 IPC, Police Station- Shivalakala, District-Bijnor as well as summoning order dated 31.5.2024, pending in the court of Additional Civil Judge J.D./ Judicial Magistrate, Court No. 8, Bijnor. 4. Learned counsel for the applicants submits that the opposite party no. 2 is the husband of daughter of applicant no. 1. There is matrimonial dispute between the opposite party no. 2 and his wife due to which various cases have been filed against each other by both sides. Learned counsel for the applicants submits that the instant complaint case is nothing but a malicious prosecution on the part of opposite party no. 2 to create a defence and put pressure on the applicants not to proceed against the opposite party no. 2 and others. 5. Learned counsel for the applicants submits that subsequent to the filing of the instant complaint case, an FIR was lodged by the daughter of applicant no. 1 on 2.2.2024 alleging an incident dated 10.1.2024 wherein the daughter of applicant no. 1 has sustained grievous injuries. Therefore, learned counsel for the applicants submits that the instant complaint case is nothing but malicious prosecution on the part of opposite party no. 2 therefore, he seeks quashing of the entire proceedings of the instant case. 6. Per contra, learned A.G.A. for the State submits that in the instant case an incident dated 19.12.2023 has been alleged wherein the applicants have entered in the house of opposite party no. 2 and abused and assaulted the opposite party no. 2 and also fired upon him from a country made pistol; however, the opposite party no. 2 escaped from the same. After filing of the instant complaint case, the daughter of applicant no. 1 has also lodged an FIR on 2.2.2024 alleging an incident dated 10.1.2024 wherein alledgedly some injuries have been sustained by the daughter of applicant no. 1. Learned A.G.A. submits that both the incidents are separate from each other and have no conenction. Merely because subsequent FIR has been lodged by the daughter of applicant no. 1, the allegations in the complaint cannot be done away with. From the allegations as made in the instant complaint case, a prima facie case is made out against the applicants, which is duly supported by the statement of witnesses under Section 200 and 202 Cr.P.C. It is further submitted that the trial court has already taken a reasonable view by summoning the applicants only for the offence under Section 452, 323, 504 IPC as no injuries were sustained by the opposite party no. 2. In view thereof, no interference is called for in the instant case. 7. Having heard the rival submissions so made by learned counsel for the parties, this Court has carefully gone through the records of the case. 8. From the record of the case, it is apparent that the instant complaint was made by the opposite party no. 2 for an incident dated 19.12.2023 wherein it is alleged that the applicants herein entered into the house of opposite party no. 2 and abused and assaulted him and also a fire was made from the country made pistol which the opposite party no. 2 escaped. The instant complaint case was lodged on 5.1.2024. Subsequent thereto, the wife of opposite party no. 2 (daughter of applicant no.1) has lodged an FIR on 2.2.2024 alleging an incident dated 10.1.2024 wherein allegedly she has sustained injuries. Thereafter she has also filed an application under Section 125 Cr.P.C. on 14.3.2025 and also a complaint under Section 12 of the Domestic Violence Act on 14.3.2025. Therefore, all the proceedings initiated by the daughter of applicant no. 1 are subsequent to the instant complaint case; hence, they cannot be looked into for considering the validity of the allegations made in the instant complaint case. From the allegations as made in the instant complaint case, which are duly supported by the statement of witnesses, a prima facie case is made out against the applicants and the trial court has rightly summoned the applicants for the offence under Section 452, 323 & 504 IPC. 9. In view thereof, this Court do not find any good reason to entertain the instant application. Accordingly, the instant application is dismissed. Date :- 18.8.2025 Kirti (Anish Kumar Gupta, J.) Digitally signed by :- SMT KIRTI MISHRA High Court of Judicature at Allahabad