JUDGMENT :

(Umesh Chandra Sharma, J.)

1. This application under Section 482 Cr.P.C. Has been moved by the accused-applicants of Crl. Complaint Case No. 523 of 2019 (State Vs. Ravikant and Others) u/s 323, 354, 504 and 506 I.P.C. Police Station-Khurja Dehat, District-Bulandshahar.

2. In brief, facts of the case are that opposite party no. 2 Smt. Kripa Devi moved an application u/s 156(3) Cr.P.C. against the applicants regarding the incident dated 16.2.2017 to lodge the F.I.R. against the applicants which was allowed and an F.I.R. had been lodged at Crime No. 176 of 2017 under Section 147, 452, 354 B, 323, 504 and 506 I.P.C. P.S. Khurja Dehat, Bulandshahar, with the allegations that on 16.2.2017 at about 6:00 p.m. when the complainant went to the back side of her house for feeding to her cattle, the applicants entered her house, molested her and also assaulted her family members due to which they sustained injuries.

3. The police started investigation, recorded the statement of the informant and other witnesses such as Kallu, Triloki, Brahmpal, Bholaram, Ashok, Pushpa Devi and Devendra.

4. The I.O., Munna Lal Sagar, submitted final report concluding that the contents of the F.I.R. were not correct and the F.I.R. was lodged only to pressurize the applicants but the higher officials ordered for further investigation which was conducted by S.I. Awadhesh Kumar who again finding the allegations false, submitted final report before A.C.J.M. Khurja which was registered as F.R.No. 322 of 2017 on 27.5.2017.

5. The learned A.C.J.M. after perusal of the record accepted the final report on 20.11.2018 but the order of the learned A.C.J.M. was challenged by opposite party no.2 by filing Crl. Revision No. 436 of 2018 (Smt. Kripa Devi Vs. State of U.P. And 5 Others) which was allowed on 6.4.2019 by Additional Sessions Judge, Khurja, Bulandshahar, and the learned Magistrate was directed to decide the final report afresh in the light of the judgment of the revisional Court.

6. In compliance of the order of the revisional Court, the protest petition was treated as complaint case and opposite party no. 2, Smt. Kripa Devi, was examined under Section 202 Cr.P.C. and Anil Kumar and Jallu were examined as P.W.1 and P.W.2 under Section 202 Cr.P.C. Considering the evidence of the witnesses and allegations levelled against the applicants, they were summoned vide order dated 12/20.10.2021 as accused for appearance on 22.11.2021.

7. Being aggrieved, the impugned order dated 12/20.10.2021 has been challenged on the grounds that Manoj, husband of opposite party no.2 and his family members brutally assaulted applicant no.1, Ravikant and caused serious injuries to him for which applicant no. 4 Ratibhan, father of Ravikant, applicant no. 1 lodged F.I.R. against them at Crime No. 58 of 2017 under Section 147, 148, 149, 342, 308, 323 and 325 I.P.C. in which after submission of charge-sheet S.T. No. 219 of 2017 (State Vs. Manoj and Others) was started and the charges have been framed. In the aforesaid case, the applicants are witnesses. After that opposite party no.2 tried to initiate false and fabricated prosecution against the applicants by moving application u/s 156(3) Cr.P.C. with an unexplained delay of two months.

8. It is pertinent to mention that Dalchand, father-in-law of opposite party no.2 who is one of the accused of Crime No. 58 of 2018, lodged an F.I.R. at Crime No. 353 of 2015 against the unknown persons in which final report has been submitted against which Dalchand moved protest petition on 9.7.2018 in which he first time said that the applicants Ravikant, Vijayveer and one Yashwant were involved in the said offence and the learned Magistrate summoned them as accused on 16.10.2018 under Section 308 and 506 I.P.C. which was challenged by the applicant Ravikant before the High Court in Criminal Misc. Application U.S 482 No. 21664 of 2019 and the proceeding of the impugned case was stayed which was extended time to time.

9. On the instigation of the fa