Neutral Citation No. - 2023:AHC:177865 Court No. - 92 Case :- APPLICATION U/S 482 No. - 8538 of 2006 Applicant :- Sanjai Giri And Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kamal Krishna,Y.P.Tripathi Counsel for Opposite Party :- Govt. Advocate,Mir Sayed Hon'ble Anish Kumar Gupta,J. 1. None appears for the applicants. Sri Pankaj Srivastava, learned AGA is present for the State. 2. The instant application under Section 482 Cr.P.C. has been filed seeking quashing of the charge sheet dated 28.12.2003 submitted against the applicants in Case Crime No. C-24/03, under Sections 147, 148, 149, 307, 325, 504, 506 and 452 IPC, P.S. Dhanapur, District Chandauli. 3. Vide order dated 17.07.2006, this Court has issued notice in the matter and stayed the proceeding arising out of the aforesaid case crime number. The said notice issued to opposite party no.2 could not be served. Thereafter vide order dated 03.07.2019, this Court again issued notice to opposite party no.2. As per office report dated 12.07.2022, the notice was served on opposite party no. 2. Sri Mir Syed, Advocate appeared on behalf of opposite party no. 2 on 05.05.2023 and on the submissions made on behalf of opposite party no.2, this Court passed the following order: "Heard learned Counsel for the applicant and learned A.G.A. for the State. The applicant has come up seeking to quash the proceedings of Criminal Case No. 1062 of 2023, State v. Rajesh Kumar Pandey and others (arising out of Case Crime No. 412 of 2022) under Section 363 I.P.C., Police Station Majhola, District Moradabad, pending in the Court of Chief Judicial Magistrate, Moradabad. The allegation is of taking away a minor aged fifteen years out of the custody of her guardian by the applicant, who had taken her to Delhi, about which the minor prosecutrix has stated in the statement under Section 164 Cr.P.C. In these circumstances, no case for quashing the impugned proceedings is made out. This application is, accordingly, dismissed." 4. In compliance of the said order, the learned counsel for the applicants has not yet filed the supplementary affidavit as was directed vide order dated 05.05.2023 nor he is present in Court or through video conferencing. On 30.08.2023 also, none appeared for the applicant to press the instant application due to the lawyers were abstaining from work. Today also, nobody is present for the applicants. Since this is a very old matter hence it is being considered on merits on the basis of available record in the case. 5. Looking at the nature of allegations made in the FIR, which was registered on the application under Section 156 (3) Cr.P.C. filed by the opposite party no.2, the allegations are of very serious nature where the applicants are alleged to have assaulted with Lathi, guns and country made pistol. Therefore, the charge sheet was filed after recording the statements of the witnesses with regard to the incident. Therefore, it cannot be said that the charge sheet has been filed without any material against the applicants herein. 6. Considering the nature of the incident, which is alleged to have taken place in larger public view and there was an attempt to murder by the opposite party no.2 and his cousin brother in planned manner. Therefore, the nature of incident has an effect of larger public security and the instant matter in the considered view cannot be quashed on the basis of compromise between the parties. 7. Learned AGA appearing for the State submits that since the charge sheet was filed on the basis of the evidence collected by the Investigation Officer and the commission of offence as alleged in the FIR was prima facie proved. Therefore, there is no ground for quashing the charge sheet in terms of the judgments of the Apex Court in R. P. Kapoor Vs. State of Punjab, AIR 1960 S.C. 866 and State of Haryana & Ors. vs. Bhajan Lal : 1992 SCC (Cri) 426 etc. It is settled view that the Court has to look into the FIR and the charge sheet and if the Court comes to the conclusion that from prima facie reading of the FIR and the charge sheet, if no offence is made out against the accused persons, then the FIR and the charge sheet can be quashed. From the plain reading of the FIR and the charge sheet, the offence as alleged, the averments in the FIR and on the basis of the material available before the Investigation Officer. If the allegations are presumed to be true, then the charge sheet and the FIR cannot be quashed. 8. Having considered the totality of the facts of the instant case, the allegations made in the FIR, which are supported by the statements recorded under Section 161 Cr.P.C., the Investigation Officer having satisfied with the prima facie commission of the offence on the basis of material available before him, he has filed the charge sheet under the settled position of law as narrated in the statements of the Apex Court in R P Kapoor and Bhajan Lal (supra), this Court is of the considered view that there is no ground available for quashing of the entire criminal proceedings arising out of the said case crime number as has been prayed by the applicants. 9. In view of the aforesaid, the application under Section 482 Cr.P.C. is dismissed. Order Date :- 14.9.2023 Ashish Pd. Digitally signed by :- ASHISH PRASAD High Court of Judicature at Allahabad