Neutral Citation No. - 2025:AHC:133945 HIGH COURT OF JUDICATURE AT ALLAHABAD (Sl. No. 4) Court No. - 78 Case :- APPLICATION U/S 528 BNSS No. - 7242 of 2025 Applicant :- Shriram Saroj And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- A.K. Singh Solanki,Pradeep Kumar Srivastava Counsel for Opposite Party :- G.A.,Sandeep Kumar Pandey Hon'ble Anish Kumar Gupta,J. 1. Heard Sri Pankaj Kumar, Advocate holding brief of Sri Pradeep Kumar Srivastava, learned counsel for the applicants, Sri Sandeep Kumar Pandey, learned counsel for the opposite party no. 2 and Sri Rizwan Ahmad, learned A.G.A. for the State. 2. The instant application under Section 528 BNSS has been filed seeking quashing of the entire proceedings of Criminal Case No. 5840 of 2024 (State vs. Shriram Saroj and others) arising out of Case Crime No. 350 of 2024 under Section 1152), 351(2) BNSS, Police Station-Jahanaganj, District-Azamgarh pending in the court of Judicial Magistrate, Court No. 20, Azamgarh as well as the cognizance order dated 19.1.2024 and charge sheet dated 12.8.2024. 3. Learned counsel for the applicants submits that the opposite party no. 2 is the wife of applicant no. 1 and due to matrimonial dispute, the instant FIR has been lodged by the opposite party no. 2 making out a false and concocted story, therefore, learned counsel for the applicants seeks quashing of the instant proceedings. 4. Per contra, learned counsel for the opposite party no. 2 submits that the matter was duly investigated and the mother of the applicants as well as the wife of applicant no. 2, both have categorically deposed that some dispute and some incident has taken place with the opposite party no. 2 and the injuries also corroborate the incident. Therefore, there is no ground to make out the case as a malicious prosecution. Since from the allegations as made coupled with the investigation report and the statement of witnesses, a prima facie case has been made out against the applicants. Therefore, there is no ground for interference in exercise of powers under Section 482 Cr.P.C. 5. Learned A.G.A. also supports the submissions made by learned counsel for the opposite party no.2. 6. Having heard the rival submissions made by learned counsel for the parties, this Court has carefully gone through the records of the case. 7. Though the applicant no.1 and opposite party no. 2 are the husband and wife and matrimonial dispute is pending between them and in connection therewith various proceedings were already initiated against each other. In the instant FIR, it is alleged that the applicants herein came to the house of opposite party no. 2 on 3.7.2024 and assaulted and abused the opposite party no. 2 for which an FIR was lodged by the opposite party no. 2. The matter was duly investigated and the allegations made are duly supported by the medical evidence wherein the opposite party no. 2 has sustained eight injuries on her body as well as the statement of mother of applicants no. 1 and 2 and wife of applicant no. 2 also supports the allegations. In view thereof, a prima facie case is made out against the applicants. Therefore, this Court do not find any good reason to entertain the instant application. 8. Accordingly, the instant application is dismissed. Order Date :- 7.8.2025 Kirti (Anish Kumar Gupta, J.) Digitally signed by :- SMT KIRTI MISHRA High Court of Judicature at Allahabad