Neutral Citation No. - 2025:AHC-LKO:41176 Court No. - 15 Case :- APPLICATION U/S 482 No. - 5635 of 2025 Applicant :- Vishal Vikarm Singh @ Vishal And 3 Others Opposite Party :- State Of U.P. Thru. Secy. Home Lko. And Another Counsel for Applicant :- Vijay Kumar Asthana,Vineet Jaiswal Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Vijay Kumar Asthana, the learned counsel for the applicants, as well as Sri Hansraj Verma, the learned AGA for the State, and perused the record. 2. By means of the instant application under Section 482 CrPC, the applicants have sought quashing of the proceeding of Criminal Case No.1694/2025 (State of U.P. Vs. Vishal Vikram Singh & others) arising out of charge sheet no.01/2025 dated 01.07.2023 in the FIR No.050/2023 lodged at Police Station Gomti Nagar, District Lucknow, pending in the Court of learned Chief Judicial Magistrate, Lucknow as well as quashing of the order dated 06.01.2025 by means of which cognizance of the offence has been taken and the applicants have been summoned to face trial under Sections 323, 504, 506 and 354 IPC. 3. The aforesaid case has been registered on the basis of an FIR lodged by the opposite party no. 2 on 19.01.2023 against five persons, including the applicants, and co-accused- Rahul, stating that when the informant had gone to a cafe for a party at 7 p.m. on 15.01.2023, the cafe owner- Vishal (applicant no.1) and his friends came there after consuming liquor and started misbehaving with the opposite party no.2 and her friends, caught hold of her hand, pulled her and kissed her. They tried to pick up and take her away. Her friends were abused, beaten up and threatened. She alleged that a gold chain and a mobile phone were snatched away by the accused persons. The informant has further stated that persons accompanying her had taken away a vehicle of the accused persons which they handed over to the police. 4. After investigation, the investigating officer has submitted a charge sheet against the applicants on 01.07.2023 and the trial Court has taken cognizance of the offences and summoned the accused persons to face trial under Sections 323, 504, 506 and 354 IPC by means of an order dated 06.01.2025. 5. Assailing the validity of the charge sheet, the learned counsel for the applicants has submitted that the investigating officer has not collected the entire evidence. He has not taken into consideration the cctv footage. It has been further submitted that two persons from the informant's side had come to the cafe, they were consuming liquor which was not allowed in the cafe and FIR No.0049 of 2023 in this regard was lodged by the applicant no. 4 at Police Station Gomti Nagar at 3:57 hours, stating that the named accused person- Aditya Shukla had come to the cafe along with some persons. All of them consumed liquor and they were misbehaving in the cafe. He has stated that the accused persons took away money from the cash box of the cafe and a motorcycle. 6. The learned counsel for the applicants has submitted that in the statement of an eye-witness- Deepu Pal, he has stated that he had gone to the cafe to celebrate his birthday along with his wife, her friends (the informant) and some other persons. When he had gone away to get a cake along with some other persons, the accused persons started misbehaving with his wife and her friends. When this witness returned, a quarrel took place wherein this witness, Aditya and Priyanshu suffered injuries. When police came there, the informant and other persons ran away and took away a bike along with them which was returned subsequently. He stated that efforts were made for settlement of the dispute for several days, but when the manager of the cafe lodged an FIR against them, the present FIR was lodged in retaliation. Similar, statement was given by the another eye- witness- Muskan Pal. 7. The learned counsel for the applicants has stated that the aforesaid statements indicates that the present FIR has been lodged in retaliation, after the applicant no. 4 lodged an FIR. 8.The statements relied by the learned counsel for the applicants clearly and categorically states that all the accused persons misbehaved with ladies and had beaten them up. Apparently, as per the aforesaid statements, an incident took place in which persons from the side of the informant suffered injuries regarding which attempts were made and when the attempts were failed, the applicant no.4 lodged FIR and thereafter the FIR in question has been lodged by the opposite party no. 2. 9. Merely because attempts of settlement were made and the FIR has been lodged after failure of those attempts, does not make out a case for quashing of the charge sheet and the proceedings, more-so, when the applicant no.4 has himself lodged an FIR after the efforts for amicable settlement had failed. 10. In view of the aforesaid discussions, I find no error or illegality in the charge sheet or the impugned cognizance and summoning order. 11. The instant application lacks merit and, it is dismissed, accordingly. Order Date :- 18.7.2025MVS/- Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench