Neutral Citation No. - 2025:AHC:60920 Court No. - 84 Case :- APPLICATION U/S 482 No. - 40101 of 2024 Applicant :- Brajpal And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Uday Raj,Vinod Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicants; learned A.G.A. for the State and perused the record. 2. The present 482 Cr.P.C. application has been filed to quash the entire proceeding of Case No.189 of 2016 (State Vs. Brajpal and another) as well as order dated 10- 09-2024 passed by the Chief Judicial Magistrate, Rampur, arising out of N.C.R. No. 21 of 2015, U/s 323, 504, 506 IPC, Police Station Tanda, District Rampur. 3. Counsel for the applicants submits that applicants are innocent and have been falsely implicated in the present case. The allegation alleged in the F.I.R. is false and baseless. After submission of charge sheet, learned Magistrate issued summons, thereafter, the applicants filed discharge application and discharge application of the applicant has been rejected vide order dated 10.09.2024. Counsel for the applicants next submits that learned Magistrate without appreciating the evidence raised by counsel for the applicants, rejected the discharge application. The Investigating Officer has not collected any evidence with regard to applicants' present NCR as Case No.21/2015, under Sections 323, 504, 506 I.P.C. Further submission is that allegation alleged in the F.I.R. that informant went to the court on the date fixed, it is apparent that no date was fixed in the proceeding pending and after that instant F.I.R. has been lodged. The opposite party no. 2 is wife of applicant no. 1 and proceedings under Section 498-A, 323, 504, 506 I.P.C. and 3/4 D.P. Act is pending between the parties. 4. Learned A.G.A. vehemently opposed the prayer for quashing the proceedings of the aforesaid case and submitted that the trial court after considering the evidence available on record, rightly rejected the discharge application. On perusal of contents of F.I.R. as well as evidence collected during investigation, prima facie, offence disclosed in the aforesaid sections. 5. 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 applicants. The order dated 10-09-2024 passed by the learned Magistrate is just and proper. The learned Magistrate has appreciated all the material evidence available on record. All the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C. 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 & 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. 7. The present application under Section 482 Cr.P.C. lacks merit and is, accordingly, dismissed. Order Date :- 23.4.2025 Meenu Singh Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad