Neutral Citation No. - 2025:AHC:136161 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 8204 of 2025 Applicant :- Geeta Gautami And 6 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ratnesh Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicants and learned AGA for the State. 2. The present 528 B.N.S.S. application has been filed to quash the charge-sheet no.352 of 2024 dated 13.05.2024 & 352A of 2024 dated 02.08.2024, cognizance order dated 06.09.2024, summoning order dated 06.09.2024 as well as entire proceeding of Criminal Case No.10626 of 2024 (State vs. Smt.Geeta Gautam and others) arising out of Case Crime No.0092 of 2024, under sections 147, 452, 323, 325, 504, 506 I.P.C., Police Station Majhola, District Moradabad, pending in the court of Chief Judicial Magistrate, Moradabad. 3. Counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present case. Learned counsel for the applicants submits that the applicant no.1 is wife of opposite party no.2 (informant) and other applicants are family members of applicant no.1. It is alleged in the FIR that named accused persons came to the house of the informant and assaulted, as a result thereof, he received fracture. Instant FIR lodged in counter of the FIR lodged by the applicant no.1 against the opposite party no.2 and his family members with malice intention only to harass the applicants. Divorce petition has been filed by opposite party no.2 on frivolous ground. Injury is fabricated and manufactured. From perusal of FIR, no offence under alleged section is made out. 4. Per contra, learned A.G.A. opposed the submission raised by applicants' counsel and submitted that submission raised by learned counsel for the applicants are disputed question of fact, which cannot be examined at this stage. Prosecution story is supported by medical examination report as well as statement of witnesses. Injured has received fracture. 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 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. No interference is warranted. The present 528 B.N.S.S. application of applicants- Geeta Gautami, Himanshu @ Monu, Usha Rani, Smt.Pinki, Dhamendra, Smt.Jashwanti & Hareesh Kumar, is hereby dismissed with the aforesaid observation. Order Date :- 12.8.2025 SKD Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad