Neutral Citation No. - 2025:AHC:24803 Court No. - 74 Case :- APPLICATION U/S 482 No. - 4239 of 2025 Applicant :- Kavita Alias Kajal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dinesh Kumar Sharma,Jitendra Singh Gaur Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Dinesh Kumar Sharma, learned counsel for the applicant and Sri Ramesh Kumar, learned A.G.A. for the State. 2. The applicant herein has filed the present application u/s 482 Cr.P.C. for quashing of the entire criminal proceeding against the cognizance as well as summoning order dated 04.09.2024 as well as Charge Sheet dated 05.06.2024, arising out in Case Crime No. 0147 of 2024, Under Section 323, 324, 504, 506 I.P.C. I.P.C., Police Station Baraut, District Baghpat, pending in the Chief Judicial Magistrate, Baghpat. 3. Learned counsel for the applicant submits that a first information report stood lodged against the applicant and co- accused Jitendra along with five unknown persons Under Sections 504, 506, 307, 354Kha, 376, 395 I.P.C. however, charge sheet has been submitted against the applicant under Sections 323, 324, 504, 506 I.P.C. He further submits that as per the allegations contained in the first information report the incident is dated 8.3.2024 at 6.18 a.m. however, the FIR has been lodged on 12.3.2024 after a period of four days at 19.48 hours. He also submits that as per the first information report when the first informant along with his 18 years daughter had gone to the place of one Dolly in order to recover an amount of Rs.8500/- and when they were returning, the applicant along with co-accused barged upon them and thereafter administered beating and also tried to strip of the cloths of the first informant and the daughter and exhibited a behaviour unbecoming of a man/woman and also touched the private part. He next submits that the deposition under Section 161 as well as 164 of the Cr.P.C. of the victim nowhere points out commission of the offence and further there is no injury relatale to the private parts. He further submits that there was no independent witness available. He next submits that it is the case of false implication. He next submits that it is nothing but a counterblast as on 18.9.2022 a first information report stood lodged by the applicant faction against the first informant faction under Sections 323, 504, 506, 452 I.P.C. thus it is nothing but a clear case of counterblast. 4. Learned AGA on the other hand submits that from the narration of the allegations contained in the first information report and the offences are made out and it cannot be ruled out that the said incident took place . He further seeks to invite attention of the court towards page 70 of the paper book so as to show that as many as 11 injuries were sustained by the first informant and so far as the 18 years daughter is concerned, 9 injuries were sustained. He further invites attention of the Court towards page 85 of the paper book so as to show that even in the supplementary report there is no bone injury seen in fact the injury no.8 is also simple in nature. He further submits that offences are made out. 5. Having heard the learned counsel for the parties and I am of the opinion that whatever arguments are sought to be raised they are virtually defences and it is apparent that the 18 years daughter as well as the opposite party no.2 has sustained the injuries. Apart from the same, this Court is not required to go into the merits of the charges and what is to be seen as to whether any offences are made out. It might be a defence that it is a counterblast and the applicant has been falsely implicated. This stage for making such submission has not arisen as it would be when the trial commences. 6. In view of above, the present application under section 482 Cr.P.C. stands consigned to record. Order Date :- 20.2.2025 piyush Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad