Neutral Citation No. - 2025:AHC:110743 IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD (Sl. No.16) Court No. - 78 Case :- APPLICATION U/S 482 No. - 43517 of 2024 Applicant :- Ramakant And 13 Others Opposite Party :- State Of U.P. Another Counsel for Applicant :- Kamlesh Singh Counsel for Opposite Party :- G.A. Hon'ble Anish Kumar Gupta,J. 1. Heard Sri Kamlesh Singh, learned counsel for the applicants and Sri Rakesh Kumar Mishra, learned AGA for the State. 2. The instant application under Section 482 Cr.P.C. has been filed seeking quashing of the summoning order dated 14.06.2022 as well as the entire proceeding of Complaint No. 4282 of 2018 (Archana Singh vs. Ramakant and others) under Sections 147, 148, 323, 504, 506, 427, 452, 379 IPC, P.S. Takulwa, District Deoria, pending in the court of Additional Civil Judge (J.D.) / Judicial Magistrate, Court No. 22, Deoria. 3. Learned counsel for the applicants submits that there was a long standing enmity between the applicants and the opposite party no.2 relating to the property dispute between the parties. In connection with the same, a Civil Suit No. 722 of 2017 is pending between the parties. The various NCRs, complaints and FIRs have been lodged on behalf of the applicants against the opposite party no.2 and her family members and as a counterblast to the complaints filed and the property dispute between the parties, the instant complaint has been filed by the opposite party no.2 against the applicants herein. Therefore, the submission of learned counsel for the applicants is that the instant case is nothing but a malicious prosecution wherein all the family members have been falsely implicated by the opposite party no. 2 and by the impugned summoning order dated 14.06.2022, the applicants have been mechanically summoned in the instant case. Therefore, learned counsel for the applicants seeks quashing of the entire proceeding of the instant case. 4. Per contra, learned AGA submits that the existence of property dispute as well as the various cases filed on behalf of the applicants against the opposite party no.2 and her family members is not disputed by the applicants. Thus there is a sufficient motive for causing the alleged incident by the applicants. There is no material on the basis of which it can be concluded that the complaint is false against the applicants and from the reading of the complaint, it cannot be said that no offence whatsoever is made out against the applicants. From the entire material available on record, specifically the complaint and the statements of witnesses, a prima facie case is made out against the applicants. In view thereof, no interference is called for by this Court. Therefore, the learned AGA seeks dismissal of the instant application filed by the applicants herein. 5. Having heard the rival submissions made by learned counsel for the parties, this Court has carefully gone through the record of the instant case. From the record of the case, it is apparent that there is a dispute regarding the property between the applicants and the opposite party no.2. Various cases have been field by the applicants against the opposite party no.2. In view thereof, it cannot be said that there was no motive for the applicants to cause the alleged incident. No probability can be set at this stage on the basis of material available on record. From the perusal of complaint and statements of the witnesses, it is apparent that a prima facie case has been made out against the applicants and the trial court having considered the entire material available on record has summoned the applicants for the aforesaid offences. 6. In view thereof, this Court does not find any good reason to entertain the instant application and the same is accordingly, dismissed. Order Date :- 10.7.2025 Ashish Pd. (Anish Kumar Gupta,J.) Digitally signed by :- SHUBHAM ARYA High Court of Judicature at Allahabad