Neutral Citation No. - 2025:AHC:123956 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 18819 of 2025 Applicant :- Sunil Kumar Sonkar And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manoj Kumar 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 482 Cr.P.C. application has been filed to quash the charge-sheet dated 23.06.2024, cognizance order dated 06.07.2024 as well as entire proceeding of S.T. No.10915 of 2024 (State vs. Sunil Kumar Sonkar and another) arising out of Case Crime No.111 of 2024, under section 306 I.P.C., Police Station Alinagar District Chandauli, pending in the court of District & Sessions Judge, Chandauli. 3. Counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present case. Allegation alleged in the FIR is false and baseless not supported by any evidence. Marriage between applicant no.1 and deceased have been solemnized 13 years before. Allegation of demand of dowry is false and baseless. Statement of the victim recorded during investigation is not supported the prosecution case. 4. Per contra, learned A.G.A. opposed the submission raised by applicants' counsel and submitted that submissions raised by learned counsel for the applicant are disputed question of fact, which cannot be examined at this stage and postmortem report is supporting the prosecution story. Applicant no.1 is husband and Investigating officer has collected material evidence against the applicants. Applicant no.1 often tortured his wife. 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. From the record, prima-facie offence is made out against the applicants and submission raised by learned counsel for the applicants are disputed question of facts which cannot be considered at this stage. No interference is warranted. The present 482 application of applicants- Sunil Kumar Sonkar & Om Prakash Sonkar @ Chhotan is hereby dismissed with the aforesaid observation. Order Date :- 28.7.2025 SKD Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad