Neutral Citation No. - 2025:AHC:4962 Court No. - 77 Case :- APPLICATION U/S 482 No. - 22895 of 2019 Applicant :- Faiyaj And 3 Ors Opposite Party :- State of U.P. and Another Counsel for Applicant :- Madan Singh Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Madan Singh, learned counsel for applicants, Ms. Harshita Rani, learned A.G.A for the State and perused the record. 2. The instant application under Section 482 Cr.P.C. has been filed for quashing the cognizance order dated 01.05.2019 and charge sheet dated 30.07.2018 bearing Charge Sheet No.420/2018 as well as further proceedings of Criminal Case No.4056/2019 (State of U.P. Vs. Ibrahim and others), arising out of Case Crime No.628/2018, under Sections 323, 504, 354 IPC, P.S.- Katghar, District- Moradabad, pending in the court of learned C.J.M., Moradabad. 3. The facts rising out of present controversy is that opposite party no.2 filed present FIR dated 25.06.2018 under Sections 294, 323, 504 IPC with the allegation that present applicants had beaten and outraged the modesty of the daughter of opposite party no.2. Further allegation is that applicants had also beaten the wife of first informant. During investigation, police recorded the statement of witnesses including the injured victim, who is the daughter of opposite party no.2. During investigation, the statement of victim was also recorded under Section 164 Cr.P.C. in which she made specific allegation against applicant nos. 2 to 4 for beating as well as outraging her modesty. After completing the investigation, police had submitted charge sheet dated 30.07.2018 against applicant no.1 under Sections 354, 323, 504 IPC and under Sections 323, 504 IPC against applicant nos.2 to 4. 4. Learned counsel for applicants submitted that injury report of the victim girl, shows that injuries are simple in nature and can be caused even by brushing or accidental falling. It is further submitted that it is clear from the statement of victim girl, who is the daughter of opposite party no. 2 recorded under Section 164 Cr.P.C. that no allegation whatsoever made against applicant no.1 and the police has illegally filed charge sheet against the applicant no.1, though there is no allegation against him by the victim girl. It is further submitted that it was a simple case of brawling and scuffling between two neighbours which had been culminated into impugned proceedings on the basis of exaggerated allegation. 5. Per contra, learned A.G.A. has submitted that from the perusal of FIR as well as evidence collected during investigation, offence has been made out against the applicants and there is no illegality in the charge sheet filed against them. 6. After hearing learned counsel for the parties and on perusal of record, it appears that victim girl Priyanka, who is the daughter of opposite party no. 2, has suffered minor injuries but in her statement under Section 164 Cr.P.C. the victim girl Priyanka has not made any allegation against applicant no.1, though in her statement under Section 161 Cr.P.C. allegation of outraging her modesty was also made against applicant no.1. It is established law that evidentiary value of statement under Section 164 Cr.P.C. is more than the statement under Section 161 Cr.P.C. As victim girl while recording her statement under Section 164 Cr.P.C. did not support her statement under Section 161 Cr.P.C. and no allegation whatsoever has been made against applicant no.1. 7. In view of the above, this Court finds that no offence under Sections 323, 504, 354 IPC is made out against applicant no.1. Accordingly, the present proceeding of Criminal Case No.4056/2019 (State of U.P. Vs. Ibrahim and others) in Case Crime No.628/2018, under Sections 323, 504, 354 IPC, P.S.- Katghar, District- Moradabad, is hereby quashed so as to applicant no.1. As there are sufficient evidences against applicant nos. 2 to 4 and prima facie case is made out against them, therefore, there is no illegality in the charge sheet filed against applicant nos. 2 to 4 and present application is dismissed in regard to applicant nos.2 to 4. 8. With the aforesaid observations, present application is partly allowed. Order Date :- 9.1.2025 Sharad/- Digitally signed by :- SHARAD KUMAR SRIVASTAVA High Court of Judicature at Allahabad