Neutral Citation No. - 2025:AHC:28888 Court No. - 74 Case :- APPLICATION U/S 482 No. - 6346 of 2024 Applicant :- Shamsullah And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mukul Yadav,Rajesh Yadav Counsel for Opposite Party :- G.A.,Rajesh Kumar Chitragupt Hon'ble Vikas Budhwar,J. 1. Counter affidavit filed by Sri Rajesh Kumar Chitragupt, learned counsel for opposite party no.2 is taken on record. 2. Heard Sri Rajesh Yadav, learned counsel for the applicants and Sri S.P. Singh, State Law Officer for the State and Sri Rajesh Kumar Chitragupt, learned counsel for opposite party no.2. 3. A joint statement has been made by learned counsel for the parties that pleadings are complete and they do not propose to file any further response. With the consent of the parties, the present application has been decided at this stage. This is an application U/s 482 Cr.P.C. filed for quashing the order dated 07.02.2024 as well as the entire proceeding of Special Criminal Complaint Case No.117 of 2023 (Fairu Gautam vs. Shamsullah and Ors) under Sections 323, 452, 504, 506 IPC and Sections 3 (1)(r), 3(1)(s), 3(2)(Va) of SC/ST Act, P.S. Trilokpur, District Siddharth Nagar. 4. Learned counsel for the applicants submits that a complaint stood lodged against the applicants with a allegations that on 18.09.2023 the eucalyptus tree which was standing on the land on the applicants, fell down towards the land of the opposite party no.2, on account whereof the boundary wall as well as the railings stood damaged. Learned counsel for the applicants submits that the allegations further show that when the same was resisted then the applicants entered in the house of the opposite party no.2. and inflicted injuries. He submits that though the allegations are against six applicants, however, the nature of the injuries shows are simple. He invites attention of page no.32 of the paper-book so as to contain that there happens to be a report of the police officials which shows that the tree fell down on account of heavy rains and further the proceedings under Section 107/116 stood initiated. He submits that an exaggerated version has been narrated in the first information report and none of the offences stands made out in the penal provisions which has been slapped upon the applicants. He further submits that it is the case of false implication. Lastly, it is submitted that applicants have already preferred a Suit in the year 2002 which is pending and nothing but an attempt to throttle the said proceeding. 5. Learned AGA as well as Sri Rajesh Kumar Chitragupt, learned counsel for opposite party no.2 submits that what is to be seen is the nature of the allegations vis-a-vis the invocation of the penal provision in the first information report. According to him, there happens to be an incident and that is why, proceedings under section 107/116 stood triggered on. According to him, injuries are also there might be they are simple. 6. I have heard learned counsel for the parties and perused the record carefully. 7. The complaint alleges the occurrence of an incident dated 18.09.2023 when the eucalyptus tree fell down damaging the railing and the wall. The allegations contained in the complaint pin points the applicants and further there happens to be an injury report, though the same are simple. Apparently, there also happens to be a report of the police which shows that proceedings under Section 107/116 were also initiated which corroborates the version of the opposite party no.2 that some incident has happened. Merely because a civil suit is pending since 2002 will not dilute or made the offences extinguished particularly will the injury report is there. Accordingly, interference is to be summoning is declined. 8. Learned counsel for the applicant submits that in case the applicants prefers a discharge application, the same be decided strictly in accordance with law. 9. The application stands disposed with liberty to the applicants to prefer a discharge application, and, in case, such application is preferred the court has no reason to disbelieve that the same shall be given a logical end strictly in accordance with law of the land. Order Date :- 28.2.2025 C. MANI Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad