Neutral Citation No. - 2025:AHC:132279 HIGH COURT OF JUDICATURE AT ALLAHABAD ***** (SL No.9) Court No. - 78 Case :- APPLICATION U/S 482 No. - 41032 of 2024 Applicant :- Farman And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sumit Goyal Counsel for Opposite Party :- G.A. Hon'ble Anish Kumar Gupta,J. 1. Heard Sri Sumit Goyal, learned counsel for the applicants and Sri S.K. Ojha, learned A.G.A.-I for the State. 2. The instant application under Section 482 Cr.P.C. has been filed seeking quashing of the impugned summoning order dated 11.10.2024 passed in Complaint Case No. 1607 of 2024 (Smt. Shahin vs. Farman and Others) under Sections 354, 323 I.P.C., P.S.- Mandi, District- Saharanpur, pending in the court of learned Chief Judicial Magistrate, Saharanpur. 3. Learned counsel of the applicants submits that in an incident dated 06.12.2023, the brothers of the opposite party no.2 came in the house of the applicants and assaulted them, in which the injuries were also sustained by the applicants for which the F.I.R. was lodged by applicant no.3 on 13.01.2024. It is further submitted by learned counsel for the applicants that as a counterblast to the same, an application under Section 156(3) Cr.P.C., was filed by the opposite party no.2 on 19.01.2024. Subsequent thereto, the said application was treated as a complaint case and after recording the statements of witnesses, the applicants have been summoned vide impugned order dated 11.10.2024. Applicant no.1 has been summoned for offence under Section 354 I.P.C. and the other applicants no.2 to 5, have been summoned for offence under Section 323 I.P.C. Thus, learned counsel for the applicants submits that the subsequent application under Section 156(3) Cr.P.C. lodged by the opposite party no.2 is nothing but a counterblast case. Therefore, he seeks quashing of the entire proceedings in the instant case lodged by the opposite party no.2. 4. Per contra, learned A.G.A. for the State submits that immediately after the incident, on 08.12.2023 itself, the opposite party no.2 has submitted a written complaint to the Senior Superintendent of Police, District- Saharanpur on 08.12.2023, immediately after the incident. When no action was taken by the police, she was compelled to lodge the application under Section 156(3) Cr.P.C. on 19.01.2024, which was treated as a complaint case and later on, after recording the statements of witnesses, since a prima facie case was found against the applicants, the applicants have been summoned as aforesaid. Therefore, there is no illegality in the summoning order against the applicants herein. Rather, the incident as narrated by the opposite party no.2 is prior to the incident as narrated in the F.I.R. lodged by the applicant no.3. Therefore, both the parties are admitting the incidents as such. However, in what manner it has happened is the subject matter of trial. Therefore, no interference is called for. 5. Having heard the rival submissions so made by learned counsels for the parties, this Court has carefully gone through the record of the case. From the record the case it is apparent that for an incident dated 06.12.2023, the complaint was lodged by the opposite party no.2 to the Senior Superintendent of Police, District- Saharanpur on 08.12.2023, narrating the entire details of the incident. When no action was taken by the police, she was compelled to file the application under Section 156(3) Cr.P.C., which was treated as a complaint case in which, after recording the statements of witnesses, the applicants have been summoned as aforesaid. In view thereof, after the opposite party no.2 submitted the complaint to the Senior Superintendent of Police, the instant F.I.R. was lodged by the applicant no. 3 subsequently on 13.01.2023, narrating the similar incidents, alleged against the brothers of the opposite party no.2. 6. In view thereof, since both the parties have their own version of the incident, however, both admit the incident on the same date and approximately the same time. Thus, some incident has taken place for which both parties have their own version. Both the parties have filed cases against each other. 7. In view thereof, this Court do not find any good ground to entertain the instant application and the same is accordingly dismissed. Order Date :- 6.8.2025 Shubham Arya (Anish Kumar Gupta, J.) Digitally signed by :- SHUBHAM ARYA High Court of Judicature at Allahabad