JUDGMENT :

1. Case called out in the revised list. None is present on behalf of the opposite party No. 2 even in the revised call.

2. Heard Sri Sumit Goyal, learned counsel for the applicants; Sri M.P.S. Gaur, learned AGA for the State-respondent and perused the record of the case.

3. The present Application u/s 482 Cr.P.C. was filed by the applicants for quashing the charge sheet and proceedings of Case No. 2507 of 2008 under Section 504 IPC, P.S. Barra, District Kanpur Nagar arising out of case crime No. 287 of 2007 pending before ACMM-Ist, Kanpur Nagar.

4. As per prosecution case, on 29.6.2007 FIR of the present case was lodged under Sections 452, 323, 504, 506 IPC at P.S. Barra, District Kanpur Nagar with the allegation that on 19.4.2006 at about 8 am in the morning, applicants entered in the house of opposite party No. 2 and started beating him and when neighbours intervened then they went back to their home after abusing and threatening him. After investigation, charge sheet against the applicants was filed only under Section 504 IPC. Learned Magistrate took cognizance on 2.5.2008 and issued summons to the applicants.

5. Learned counsel for the applicants contended that altho