HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 5815 of 2025 Court No. - 72 HON'BLE DEEPAK VERMA, J. 1. Heard learned counsel for the applicants, Sri Kanhaiya Lal, learned counsel for the informant and learned AGA for the State. 2. The present 528 B.N.S.S. application has been filed to quash the charge-sheet dated 04.07.2024, summoning order dated 02.01.2025 as well as entire proceeding of Case No.1106 of 2024 (State vs. Kritiyesh Mohan and another) arising out of Case Crime No.433 of 2023, under sections 323, 324, 506 I.P.C., Police Station Masuri, District Ghaziabad, pending in the court of Additional Chief Judicial Magistrate/Additional Civil Judge (Senior Division), Court No.1, Ghaziabad. 3. It is alleged in the FIR that the applicants on 28.10.2023 came to the house of the informant and on account of some hot talk, they assaulted the informant and other persons. Informant is wife of the applicant no.1. Instant FIR lodged against the applicants with malice intention only to harass the applicants as there is pending matrimonial dispute between the parties and FIR is in regard to sections 498A, 323, 504, 506 I.P.C. & 3/4 Dowry Prohibition Act, Police Station Vijay Nagar, District Ghaziabad, has been registered against the applicants as Case Crime No.968 of 2023. All allegations alleged in the FIR is false and fabricated. Injuries received by the injured are simple in nature. The proceeding in Case Crime No.68 of 2023 is stayed by this Court by order dated 14.07.2025. 4. Per contra, learned A.G.A. and learned counsel for the informant opposed the submission raised by applicants' counsel and submitted that on perusal of FIR, it is apparent that the applicants who are in-laws of the informant came to the house of the informant and assaulted the father of the informant and other persons. Submission of the informant and other injured witnesses prima-facie discloses offence against the applicants and supported the prosecution case. 5. The grounds taken in the application reveal that many of them relate to disputed question of fact. This Court is of the view that it is well settled that the appreciation of Versus Counsel for Applicant(s) : Daya Shanker Pandey Counsel for Opposite Party(s) : G.A., Kanhaiya Lal, Mohammed Iftekhar Kritiyesh Mohan And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) evidence is a function of the trial court. This Court in exercise of power under Section 482 Cr.P.C. cannot assume such jurisdiction and put an end to the process of trial provided under the law. It is also settled by the Apex Court in catena of judgments that The impugned criminal proceeding against the applicants is abuse of the process of the Court and is liable to be quashed by this Court.the power under Section 482 Cr.P.C. at pre-trial stage should not be used in a routine manner but it has to be used sparingly, only in such an appropriate cases, where it manifestly appears that there is a legal bar against the institution or continuance of the criminal proceedings or where allegations made in First Information Report or charge-sheet and the materials relied in support of same, on taking their face value and accepting in their entirety do not disclose the commission of any offence against the accused. The disputed questions of facts and defence of the accused cannot be taken into consideration at this pre-trial stage. 6. In view of the above, in the light of judgment of the Apex Court in the matters of R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, Manik B. Vs. Kadapala Sreyes Reddy and another, 2023 Live Law (SC) 642, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar Vs. P.P.Sharma, 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283, no ground for quashing the proceedings of the aforesaid case, is made out which may call for any interference by this Court in exercise of its inherent power under Section 482 Cr.P.C. as the same do not suffer from any illegality or infirmity. 7. Considered the submission of both the parties. From perusal of FIR and other medical examination report, prima-facie offence is made out against the applicants. There is no legal ground to quash the proceeding. No interference is warranted. The present 528 B.N.S.S. application of applicants- Kritiyesh Mohan, Madan Mohan & Smt.Shashi Mohan is hereby dismissed with the aforesaid observation. September 4, 2025 SKD NA528 No. 5815 of 2025 2 (Deepak Verma,J.) Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad