Raghuveer and 6 Others v. State of U.P. and Another

Court No. - 92 Case :- APPLICATION U/S 482 No. - 38584 of 2023 Applicant :- Raghuveer And 6 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Azhar Hussain,Byas Kumar Prasad Counsel for Opposite Party :- G.A. Hon'ble Anish Kumar Gupta,J.

¶1Heard Sri Byas Kumar Prasad, learned counsel for the applicants and Sri Kamlesh Kumar Tripathi, learned A.G.A. for the State.

¶2The instant application under Section 482 Cr.P.C. has been filed seeking quashing of the summoning order dated

05.05.2023 in Complaint Case No. 124318 of 2022 (Vijay Singh vs. Raghuveer and Others) u/S 452, 323, 504 and 506 I.P.C., P.S.- Iradat Nagar, District-Agra, pending in the court of learned Additional Chief Judicial Magistrate, Court No.4, Agra.

¶3Learned counsel for the applicants submits that with regard to the incident, both the parties have filed cross cases against each other. In the instant case, the opposite party no.2 has not suffered any injuries whereas on the side of the applicants, namely Satya Prakash, has suffered injuries. In both the cases, the Magistrate has taken cognizance.

¶4Learned counsel for the applicants further submits that there are contradictions in the F.I.R. and the statements u/s 200 & 202 Cr.P.C., with regard to the involvement of the persons in the incident. Learned counsel for the applicants further submits that out of the 9 accused persons, two persons have already been exonerated by the learned Magistrate while taking cognizance. Therefore, he has prayed for quashing of the entire proceedings of the said case.

¶5Having heard the rival submissions made by the learned counsels for the parties, this Court has considered the case since there are cross cases against each other and the parties have not denied the incident and for the same incident, they have lodged complaint against each other which in fact proves that the parties were involved in the incident. Therefore, there are no grounds for quashing of the entire proceedings as prayed by the learned counsel for the applicants.

¶6Hence, in the light of the judgments passed by the Apex Court in State of Haryana & Ors. vs. Bhajan Lal : 1992 SCC

(Cri) 426, Zandu Pharmaceutical Works Ltd. vs. Mohd. Saraful Haque : (2005) 1 SCC 122 and Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra and Others : 2021 SCC OnLine SC 315, there is no ground for quashing of the proceedings against the applicants herein.

¶7The instant application is devoid of merits and is hereby dismissed. Order Date :- 28.10.2023 Shubham Arya High Court of Judicature at Allahabad