Neutral Citation No. - 2025:AHC:127695 HIGH COURT OF JUDICATURE AT ALLAHABAD (Sl. No. 2) Court No. - 78 Case :- APPLICATION U/S 482 No. - 25875 of 2024 Applicant :- Bhimrao And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Umesh Kumar Counsel for Opposite Party :- G.A. Hon'ble Anish Kumar Gupta,J. 1. Supplementary affidavit filed today is taken on record. 2. Heard Sri Umesh Kumar, learned counsel for the applicants and Sri S.K. Ojha, learned A.G.A. for the State. 3. The instant application under Section 482 Cr.P.C. has been filed seeking quashing of the entire proceedings of Case No. 154 of 2022 (Suraj Bhardwaj vs. Bhimrao & others), under Section 323, 392 IPC, Police Station-Kotwali Dehat, District-Etah as well as the summoning order dated 23.07.2024. 4. Learned counsel for the applicants submits that the instant complaint case lodged by the opposite party no. 2 on 15.7.2022 is a counterblast to a complaint case lodged by the applicant no. 1 against the opposite party no. 2 on 23.5.2022. Learned counsel for the applicants submits that there was a dispute with regard to payment of wages for construction of the house of opposite party no. 2, whereupon the complaint was lodged on behalf of applicant no. 1. Subsequent thereto, the instant complaint case has been filed. Therefore, learned counsel for the applicants submits that the instant complaint case lodged by the opposite party no. 2 is nothing but malicious prosecution on the part of the opposite party no. 2. 5. Per contra, learned A.G.A. submits that from the perusal of the instant complaint case, it is apparent that immediately after the incident, he approached the police station, when no action was taken on 9.5.2022 the opposite party no. 2 had approached the Senior Superintendent of Police and again on 28.6.2022 he approached the Senior Superintendent of Police; when no action was taken, the instant complaint was filed by the opposite party no. 2. Thus, from the allegations leveled a prima facie case is made out against the applicants. Though there is a difference in the date of incident in the instant complaint as 5.5.2022 and the complaint lodged by the applicant no. 1 where the incident alleged is that of 6.5.2022; however, both the incidents appears to be similar in nature. In view thereof, no interference is called for in the instant case. 6. Having heard the rival submissions made by learned counsel for the parties, this Court has carefully gone through the records of the case. 7. From the record of the case, it is apparent that an application under Section 156(3) Cr.P.C. was filed by the opposite party no.2 on 15.7.2022 alleging an incident dated 5.5.2022. When he was closing his shop around 8:00PM and he was trying to go along with his father, then the applicants came there on motorcycle and stopped in front of his shop and pointed the country-made pistol towards the opposite party no. 2 and his father and thereupon snatched Rs. 7,500/- cash, bill book and other registers from them. When they opposed thereto, then the applicants kicked them out and took away the bag containing the aforesaid articles and the amount. The aforesaid incident is duly supported by statement of witnesses under Section 200 and 202 Cr.P.C. Thus, the trial court having found a prima facie case has summoned the applicants. 8. So far as the previous complaint lodged by the applicant no. 1 is concerned that is also related to some financial dispute and in the said complaint also it is admitted by the applicant that he has gone to the shop of opposite party no. 2 to demand the money and when he demanded the money of his wages for construction of house of opposite party no. 2, the opposite party no. 2 abused the applicants. Thus, basically there is a financial dispute between the parties. Since from the allegations as made out in the complaint case, a prima facie case is made out, therefore, this Court do not find it appropriate to interfere with the proceedings. However, the applicants are at liberty to appear before the trial court and make a prayer for settlement of dispute through mediation. 9. If the applicants appear before the trial court concerned within two weeks from today and make such prayer, the same shall be accorded by the trial court. 10. Accordingly, the instant application is disposed of. Order Date :- 31.7.2025/Kirti (Anish Kumar Gupta, J.) Digitally signed by :- SMT KIRTI MISHRA High Court of Judicature at Allahabad