Neutral Citation No. - 2025:AHC:84662 Court No. - 87 Case :- APPLICATION U/S 482 No. - 45933 of 2023 Applicant :- Smt. Najmussahar And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pankaj Satsangi Counsel for Opposite Party :- G.A.,Mohd Zubair Hon'ble Prashant Kumar,J. 1. Heard learned counsel for the applicants, learned counsel for opposite party no.2, learned AGA for the State and perused the record. 2. The instant application under Section 482 Cr.P.C. has been filed seeking quashing of summoning order dated 12.10.2023 passed by Special Judge, D.A.A./Additional Sessions Judge, Court No.5, Budaun in Cr. Misc. Case No.157 of 2022 (Mohd. Tabrej Vs. Murshid and others), under Sections 395, 397 IPC, P.S. Alapur, District Budaun, pending in the Court of Special Judge, D.A.A./Additional Sessions Judge, Court No.5, Budaun. 3. It is submitted that there was a matrimonial discord between the parties which resulted into a fight between both sides of the family and both sides have sustained injuries which could be corroborated in the medical report. The applicants had filed an FIR for the same incident in which investigation has been completed and the charge- sheet was filed. The trial is going on. However, no FIR on behalf of opposite party no.2 was registered so he moved an application under Section 156(3) Cr.P.C. (Moreover, applicant no.1 - Smt. Najmussahar has filed an application under Section 125 Cr.P.C. seeking maintenance of Rs.20,000/- per month). The court below after adducing the evidence and after perusing the record by order dated 12.10.2023 issued summons against the applicants. The same has been assailed by means of the present application. 4. Learned counsel for the applicant submits that it is a case of counterblast. The applicants have been falsely implicated in the present only to exert pressure upon them. The summoning order is bad in law and the same may be quashed by this Court. 5. Per contra, learned AGA as well as learned counsel for opposite party no.2 vehemently opposed the application by submitting that the incident had taken place and both sides have sustained injuries. The medical report is also on record. They further submits that there is no illegality in the impugned order as the same corroborates with the medical report. 6. Having heard learned counsel for the parties and having perused the record, it transpires that it is a matrimonial dispute which had taken an ugly turn and there was a scuffle from both sides of the family, both sides have sustained injuries. The medical report is on record which corroborates with the injury. This is not a case where no prima facie case is made out to warrant interference. 7. Considering the facts and circumstances as stated above, I came to the conclusion that there was scuffle and it is not a case which call for interference under Section 482 Cr.P.C.. Moreover, the instant applicant is devoid of merits. 8. Accordingly, the instant application is dismissed. Order Date :- 20.5.2025 CS/- Digitally signed by :- CHANDAN SINGH High Court of Judicature at Allahabad