HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 2303 of 2022 Court No. - 16 HON'BLE BRIJ RAJ SINGH, J. 1. The present application has been filed seeking quashing of the entire proceedings of Complaint Case No.213 of 2019, Mohd. Yusuf Vs. Shamim and others, under Sections 504, 307 read with Section 34 IPC, Police Station Mohanganj, District Hardoi and the summoning order dated 10.01.2022 passed by the Additional Civil Judge (J.D.)/Judicial Magistrate-II, Raebareli. 2. Sri Rajesh Kumar, learned counsel for the applicants submits that opposite party no.2 made a complaint at the police station on 06.01.2019 regarding the incident dated 05.01.2019. Thereafter, NCR bearing No.0003 of 2019 was also lodged mentioning the date of incident as 06.01.2019, under Sections 504 and 427 IPC at Police Staten Mohanganj, District Amethi. He further submits that the impugned proceedings have been instituted by opposite party no.2 by way of lodging the Non-cognizable Report regarding the same incident said to be happened on 05.01.2019 and, thereafter, an application under Section 156(3) Cr.P.C. has been filed on 19.01.2019, in which the date of incident has been shown as 06.01.2019. 3. Counsel for the applicants further submits that there is enmity between the parties and that is why just to harass the applicants, opposite party no.2 has instituted two criminal cases; one is NCR Versus Counsel for Applicant(s) : Rajesh Kumar, Surendra Kumar Srivastava Counsel for Opposite Party(s) : G.A., Amjad Siddiqui Mohd. Shamim And Another .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Civil Secrtt. Lko And Another .....Opposite Party(s) and the other is complaint showing a different date of incident. He also submits that after bare perusal of the complaint, it is evident that Mohd. Laiq fired on Kaif with Katta, but it missed. It has been submitted that there is no evidence on record for recovery of any cartridge or weapon and just to give seriousness to the incident, it was stated in the complaint that Katta was fired on Kaif, otherwise no such incident took place and false allegation has been levelled. Further submission is that from a bare perusal of the complaint, it is evident that there is no ingredient of Section 307 IPC found on record so as to attract the provisions of Section 307 IPC. It is submitted that the offence under Section 504 IPC is also not made out against the applicant, therefore, the present application is liable to be allowed. 4. On the other hand, Sri Amjad Siddiqui, learned counsel for opposite party no.2 has submitted that there is no requirement that any injury should be there on the body of any person and if the Katta was fired and it missed, then it cannot be said that the offence under Section 307 IPC is not made out. He has further submitted that the incidents mentioned in the complaint and the NCR are different. One incident took place on 05.01.2019, whereas the other incident took place on 06.01.2019. Since there is enmity between the parties, the incidents, as alleged, took place on both dates. 5. I have heard learned counsel for the parties and perused the record. 6. After going through the record, I find that there is no evidence available on record which indicates that there is any injury on the body of the injured i.e. Mohd. Kaif and there is also no evidence regarding recovery of any cartridge or weapon. In absence of such evidence, the offence under Section 307 IPC is not made out. However, the offence under Section 504 IPC is made out against the applicants. 7. In view of the aforesaid, application is partly allowed and the summoning order dated 10.01.2022 passed by the Additional Civil A482 No. 2303 of 2022 2 Judge (J.D.)/Judicial Magistrate-II, Raebareli is modified to the extent that applicants will not try/summon under Section 307 IPC. However, the trial court will proceed against the applicants under Section 504 IPC as this Court does not find any ground ground to interfere with the same. November 21, 2025 Rao/- A482 No. 2303 of 2022 3 (Brij Raj Singh,J.) Digitally signed by :- CHEBROLU SRINIVASA RAO High Court of Judicature at Allahabad, Lucknow Bench