Neutral Citation No. - 2025:AHC:115434 IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD (Sl. No.18) Court No. - 78 Case :- APPLICATION U/S 482 No. - 40082 of 2024 Applicant :- Sanjay Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pawan Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Anish Kumar Gupta,J. 1. Heard Sri Pawan Kumar Shukla, learned counsel for the applicant and Sri S.K. Ojha, learned AGA-I for the State. 2. The instant application under Section 482 Cr.P.C. has been filed seeking quashing of the summoning order dated 26.07.2024 as well as the entire proceeding of Complaint Case No. 24847 of 2023 (Rakesh Sharma vs. Sanjay Singh and others), under Sections 452, 323, 504 IPC, P.S. Katghar, District Moradabad, pending in the court of Additional Chief Judicial Magistrate, Court No.01, District Moradabad. 3. Learned counsel for the applicant submits that for an incident dated 11.09.2022, the wife of the applicant herein had lodged an FIR against the opposite party no.2, in which the matter was investigate and the charge sheet was filed. As a counterblast to the said FIR lodged by the wife of the applicant herein, the instant complaint case has been lodged by the opposite party no.2 making out a false and concocted story of an imaginary incident dated 05.03.2023. In view thereof, learned counsel for the applicant seeks quashing of the entire proceeding of the instant complaint case as well as the summoning order dated 26.07.2024. 4. Per contra, learned AGA submits that merely because the wife of the applicant has filed the previous FIR against the opposite party no.2 with regard to some other incident, the instant complaint case cannot be said to be a counter blast case alone. By filing of the previous complaint, it is admitted that there was an enmity between the parties and due to this enmity, the incident as alleged in the complaint ought to have been committed by the applicant herein. From the allegations made in the complaint, which are duly supported by the witnesses, a prima facie case is made out under Sections 452, 323, 504 IPC, therefore, no interference is called for in the instant case. 5. Having heard the rival submissions made by learned counsel for the parties, this Court has carefully gone through the record of the case. From the record, it is apparent that earlier an FIR was lodged by the wife of the applicant against the opposite party no.2. The said case is pending trial. Subsequent thereto, the instant complaint case has been lodged by the opposite party no.2 against the applicant and other persons. Since there was an enmity between the parties, therefore, there was sufficient motive on the part of the applicant to cause the incident. The allegations as made in the complaint, which are duly supported by the statement of witnesses make out a prima facie case for the offence under Section 452, 323, 504 IPC against the applicant. 6. In view thereof, this Court do not find any good ground to interfere with the said summoning order or the proceedings of the complaint case. 7. Accordingly, the instant application is dismissed. Order Date :- 16.7.2025 Ashish Pd. (Anish Kumar Gupta,J.) Digitally signed by :- ASHISH PRASAD High Court of Judicature at Allahabad