Hon’ble Mrs. Ranjana Pandya, J.—This Criminal Misc. Application has been preferred to quash the entire proceeding in case No. 24 of 2012 (State v. Sooraj Pal and others), arising out of case crime No. 219 of 2011, under Sections 323, 324, 452, 504 and 506 I.P.C., Police Station Chhatari, District Bulandshahar.

2. Brief facts are that the application under Section 156 (3) Cr.P.C. was moved before the Magistrate with the allegation that the complainant Munshi Lal is law abiding person of village Allipura Majara Biraura. A wall of his brother Sooraj Pal is adjoining the north side of his house. Soorajpal, his brother Aidal Singh, son of Sooraj pal namely Chhota and son of Aidal Singh namely Dinesh wanted to constructýÿ a wall in the open space of the complainant and often used to abuse the complaint for this. On 25.9.2011, the complainant was going to the temple to give food, suddenly all the accused started teasing but the complainant went quietly to the temple. After some time when he returned from the temple Soorajpal, Aidal Singh, Chhota and Dinesh armed with lathi, danda and knife entered the house of the complainant. Suddenly Chhota assaluted the complainant with the kni