JUDGMENT :

1. Heard Sri Mohit Verma, advocate, holding brief of Sri S.N. Tripathi, learned counsel for the applicants, Sri D.A. Khan holding brief of Sri C. Prasad, learned counsel for opposite party no. 2 and Sri Pankaj Srivastava, learned AGA for the State.

2. The instant application has been filed under Section 482 Cr.P.C. seeking quashing of the charge sheet dated 17.07.2011 as well as entire proceeding in Case Crime No. 1402 of 2009, under Sections 352, 147, 504, 506, 452, 352, 427 I.P.C. and 3(1)X S.C./S.T. Act, Police Station-Cantt., District-Gorakhpur, pending in the Court of District and Sessions Judge, Court No. 17, Gorakhpur.

3. Learned counsel for the applicants submits that wife of applicant no. 1 and applicant no. 2 were the recorded owners of Khasara Plot No. 724 and they were constructing the boundary wall therein which was objected by the opposite party no. 2 who claims to be the owner of Khasara Plot No. 722 and 726.

4. As per the allegations in the FIR when the opposite party no. 2 objected to the said construction of boundary wall by the applicants herein, the applicants abused and assaulted opposite party no. 2 and others and abused to their caste. Therefore, the i