Neutral Citation No. - 2025:AHC:120050 Court No. - 78 Case :- APPLICATION U/S 482 No. - 27657 of 2024 Applicant :- Ram Kumar And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Brij Lal Shukla Counsel for Opposite Party :- G.A. Hon'ble Anish Kumar Gupta,J. 1. Supplementary affidavit filed today in the Court on behalf of the applicants, is taken on record. 2. Heard Sri Brij Lal Shukla, learned counsel for the applicant and Sri Yogendra Singh, learned AGA for the State. 3. The instant application under Section 482 Cr.P.C. has been filed by the applicant seeking quashing of the summoning order dated 07.07.2023, passed by Civil Judge (Junior Division)/Fast Track Court(Crime Against Women), Meerut as well as entire proceeding of Case No.138 of 2022(Anil Vs. Shiv Kumar and Others), under sections 323 of IPC, Police Station Parikshitgarh, District Meerut. 4. Learned counsel for the applicants submits that the instant complaint case has been lodged by the opposite party no.2, as a counter blast to the FIR registered on behalf of the applicants on 08.12.2021 with regard to the same incident. Therefore, learned counsel for the applicants submits that the instant case is nothing but a malicious prosecution on the part of the opposite party no.2 against the applicants to put pressure against the applicants in the said criminal case registered on behalf of the applicants. Therefore, learned counsel for the applicants seeks quashing of the entire proceedings of the instant criminal case. 5. Per contra, learned AGA for the State submits that immediately after the incident the opposite party no.2 has submitted a written report to the concerned police station and looking at the condition of the opposite party no.2, he was referred to the Government Hospital for medical examination and he was medically examined on the same day. However, even thereafter the FIR was not registered on behalf of the opposite party no.2. Subsequent thereto the opposite party no.2 has filed an application under section 156(3) Cr.P.C. which was treated as a complaint case and thereafter the statements of the complainant and witnesses were recorded under section 200 and 202 Cr.P.C. The learned trial court having found a prima-facie case against the applicants has summoned the applicants for the offences under section 323 IPC vide impugned summoning order dated 07.07.2023. Since from the allegations as made coupled with the medical report, a prima-facie case is made out against the applicants herein. Therefore, learned AGA for the State submits that no interference is called for in the instant matter. 6. Having heard the rival submissions so made by learned counsel for the parties this Court is of the view that from the record it is apparent that an FIR was lodged by the wife of the applicant no.2 with regard to an incident dated 07.12.2021 at about 8.40 A.M. The same incident is also alleged in the instant complaint case at the same time. Therefore, both the parties are admitting that some incident has taken place on the date and time given in the FIR as well as the complaint case. Therefore, involvements of the applicants in the said incident is undisputed. However, the only question remains for determination is who was the actual aggressor in the said incident and that cannot be determined by exercising the jurisdiction under section 482 Cr.P.C. which is a subject matter of trial. Otherwise, also the allegations as made in the complaint coupled with the medical examination report which was conducted same day at the behest of the police officials. Therefore, the allegations are duly corroborated by the medical examination report, thus a prima-facie case is made out in the instant case against the applicants. 7. In view thereof, this Court do not find any good reason to interfere in the instant matter. 8. Accordingly, the instant application under section 482 Cr.P.C. is hereby dismissed. Order Date :- 22.7.2025 VKG Digitally signed by :- VIJAY KUMAR GUPTA High Court of Judicature at Allahabad