Neutral Citation No. - 2025:AHC:65826 Court No. - 52 Case :- APPLICATION U/S 528 BNSS No. - 5769 of 2025 Applicant :- Fakrullah And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vijay Prakash Chaturvedi Counsel for Opposite Party :- G.A. Hon'ble Mrs. Manju Rani Chauhan,J. 1. Heard Mr. Vijay Prakash Chaturvedi, learned counsel for the applicants, Mr. Amit Singh Chauhan, learned A.G.A. for the State and perused the records. 2. This application U/S 528 BNSS has been filed by the applicants to quash the summoning order dated 14.11.2022 as well as entire proceedings of Criminal Case No. 1252 of 2021 (Majidunnisha Vs. Fakrullah and others), under Sections 323, 504, 452 I.P.C., Police Station Dhebarua, District Siddharth Nagar, pending in the court of Civil Judge (J.D.)/ Judicial Magistrate, F.T.C.-1, Naugarh, District Siddharth Nagar. 3. Brief facts of the case are that a complaint has been filed by opposite party no.2 against the applicants with the allegations that on 05.02.2021 at about 9:00 O'clock when she was removing the garbage stuck in the drain in front of her house, the applicant no.1 started abusing her. When she objected, they again abused her and slapped her. Hearing the sound of crying, her husband Abdul Vakeel came out of the house and asked about the reason as to why she was crying the applicants also abused her husband. Hearing the noise, people from nearby also came there. The accused told her husband that till now he had only slapped his wife, later on he will take away her dignity too, she will not be able to show her face in society. Learned Magistrate after recording statements under Sections 200 and 202 Cr.P.C. issued summons. 4. Learned counsel for the applicants submits that for the incident dated 05.02.2021 an NCR was lodged by applicant no.1 against the husband of opposite party no.2, namely Abdul Vakeel, her son Imtiyaj Ahmad and her sister, stating therein that there was a dispute regarding drainage wherein the aforesaid persons after abusing, assaulted his father Habibullah, in which he has received injuries. He further submits that the present complaint has been filed as a counter blast to the NCR lodged on 05.02.2021 for incident dated 05.02.2021, in which a GD entry has been made as GD No. 021 at 11:30 hours, in order to exert pressure upon the applicants. He also submits that there are variations in the statements of the complainant recorded under Sections 200 and 202 Cr.P.C. The complainant in her statement recorded under Section 200 Cr.P.C. has stated that her husband was not in the house when the applicants assaulted her; whereas the husband of the complainant in his statement recorded under Section 202 Cr.P.C. has stated that he came out of the house upon hearing the noise of his wife, therefore, there are material contradictions in the statements of the witnesses and a false case has been instituted against the applicants. There is nothing on record to show that any injury has been sustained by opposite party no.2 or any other. Several other submissions have been made on behalf of the applicants to demonstrate the falsity of the allegations made against them. The circumstances which, as per counsel, led to the false implication of the applicants have also been touched upon at length. 5. On the other hand, learned A.G.A. for the State submits that the incident dated 05.02.2021 at about 9:00 O'clock has admitted by the applicants as a NCR for the aforesaid has been lodged on the same date for which a GD entry has been made, in which the father of applicant no.1 sustained injuries. The cause of the dispute was due to removal of garbage of drain, which is also admitted in the aforesaid NCR, therefore, once the applicants themselves admit the incident, involvement of the applicants in the incident cannot be denied and minor variations in the statements of the complainant and her husband has no value. He further submits that from the version of the complaint, statement of opposite party no.2 is proved and opposite party no.2 herself stated in the complaint that after hearing her noise her husband came out of the house, which has also been proved from the statement of her husband recorded under Section 202 Cr.P.C. The presence of the husband of opposite party no.2 at the place of incident is also proved from the version of NCR lodged by applicant no.1. Learned A.G.A. next submits that 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 at this stage. All the submissions made by the counsel for the applicants, relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 528 BNSS. 6. This Court is not unmindful of the following judgements of the Apex Court: (i) R.P. Kapur Versus State of Punjab AIR 1960 SC 866; (ii) State of Haryana & Ors. Versus Ch. Bhajan Lal & Ors.1992 Supp.(1) SCC 335; (iii) State of Bihar & Anr. Versus P.P. Sharma & Anr. 1992 Supp. (1) SCC 222; (iv) Zandu Pharmaceuticals Works Ltd. & Ors. Versus Mohammad Shariful Haque & Anr. 2005 (1) SCC 122; (v) M. N. Ojha Vs. Alok Kumar Srivastava 2009 (9) SCC 682; (vi) Mohd. Allauddin Khan Vs. The State of Bihar & Others (2019 ) Supreme (SC) 454; (vii) Nallapareddy Sridhar Reddy Vs. The State of Andhra Pradesh & Ors. (2020) Supreme (SC) 45; (viii) Rajeev Kaurav Vs. Balasahab & Others (2020 ) Supreme (SC) 143, and (ix) M/s Neeharika, Infrastructure Pvt. Ltd. vs. The State of Maharashtra (2021) SCC OnLine SC 315. 7. After hearing the learned counsel for the parties and after perusing the materials available on record, this Court is of the opinion, that learned counsel for the applicants could not point out any legal infirmity in the impugned order dated 14.11.2022 which may warrant any interference by this Court in exercise of powers conferred under 528 BNSS jurisdiction. Therefore, prayer in respect of applicants is refused and the application u/s 528 BNSS is hereby dismissed. 8. The instant application is, accordingly, dismissed. Order Date :- 28.4.2025 Abhishek Singh Digitally signed by :- ABHISHEK SINGH High Court of Judicature at Allahabad Digitally signed by :- ABHISHEK SINGH High Court of Judicature at Allahabad Digitally signed by :- ABHISHEK SINGH High Court of Judicature at Allahabad