Neutral Citation No. - 2025:AHC:70076 Court No. - 84 Case :- APPLICATION U/S 482 No. - 25509 of 2024 Applicant :- Ashutosh Pathak And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kailash Nath Counsel for Opposite Party :- Akhilesh Kumar Singh,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 24.12.2023, Cognizance order dated 13.06.2024, as well as the entire proceeding of Case No. 367 of 2024 (State Vs. Ashutosh Pathak and another), arising out of Case Crime No. 683 of 2023, Under Section 323,506,354 I.P.C., P.S. Kotwali, District-Azamgarh, which in pending before F.T.C. Women Azamgarh. 3. It is alleged in the FIR that informant went to Court on date fixed and when she was coming back from the Court, then, applicants assaulted the informant and threatened her to give divorce to applicant no. 1, otherwise, they would kill all family members. Learned counsel for the applicants submits that applicants are innocent and have been falsely implicated in the present case. I.O. has submitted charge-sheet and learned Magistrate without applying his judicial mind took cognizance and issued summons, thereafter, applicants challenged the cognizance/summoning order before this Court by filing present 482 Cr.P.C. application and this Court vide order dated 06.08.2024 referred the matter Mediation Centre. A report has been submitted by Mediation Centre that mediation completed but there is no agreement between the parties. He next submitted that dispute between applicants and informant pertains to matrimonial dispute and various FIR and complaint have been registered. He next submitted that earlier opposite party no. 2 lodged Complaint against applicant no. 1 registered as Case No. 9994 of 2019 (Kajal Pathak Vs. Ashutosh Pathak), under Sections 498-A, 323, 504, 506 IPC and Section 3/4 of D.P. Act., P.S. Rani Ki Sarai, District- Azamgarh and applicant no. 1 challenged the summoning order dated 16.01.2020 before this Court by filing Application U/S 482 No. 5902 of 2020 and this Court vide order dated 11.02.2020 referred the matter to Mediation & Conciliation Centre of this Court. He further submitted that applicants are being harassed by opposite party no. 2 (wife of applicant no. 1) and applicant no. 1 is presently posted in West Bengal. Injury report is not supporting the prosecution case. 4. Per contra, learned A.G.A. opposed the arguments raised by applicants' counsel and submitted that from perusal of FIR, it is apparent that applicants are pressurizing the informant to compromise the matter but informant is not ready to compromise the matter and applicants are pressurizing the informant to give divorce to applicant no. 1. There is evidence that applicants threatened the informant. Further submissions raised by learned counsel for the applicants are factual aspects of the matter, which cannot be considered at this stage by this Court in exercise of power under Section 482 Cr.P.C. 5. Considered the submissions raised by learned counsel for the parties and perused the entire record. From the record, it is apparent that parties have not compromised the matter and prima facie, offence is made out against the applicants. 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 & Anr. 2023 LiveLaw (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. The present 482 application lacks merits and is, accordingly, dismissed. 8. However, if the applicants surrender before the concerned court within three weeks from today and apply for bail, their bail application shall be decided expeditiously by the court concerned, in accordance with law laid down by the Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another, reported in 2021 SCC OnLine SC 922. 9. For the period of three weeks from today or till the time of surrender of the applicants before the Court below, whichever is earlier, no coercive action shall be taken against them. Order Date :- 2.5.2025 Aditya Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad