Neutral Citation No. - 2025:AHC:20449 Court No. - 73 Case :- APPLICATION U/S 482 No. - 25349 of 2024 Applicant :- Shivkanti And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohammad Husain,Syed Mohammed Jafer Husain Counsel for Opposite Party :- G.A.,Rakesh Dubey Hon'ble Raj Beer Singh,J.

1. Heard learned counsel for the applicants, learned counsel for the opposite party no.2 and learned A.G.A. for the State.

2. This application u/s 482 Cr.P.C. has been filed for quashing of the entire proceedings, including summoning order dated 02.01.2024, Complaint Case no. 1070 of 2021 (Ashish Kumar Gupta Vs. Shivkanti and others), under Sections 323, 324, 506 IPC, P.S. Nawabganj, District Kanpur Nagar, pending before the court of Addl. Civil Judge (JD), Court No. 2, Kanpur Nagar.

3. At the outset it was submitted that during pendency of this application, applicant no.2 has since passed away and thus, now this application is being pressed only on behalf of applicant no.1, 3 and 4.

4. It has been submitted by learned counsel for applicants that applicant no.1 is wife of opposite party no.2 and their marriage has taken place in the year 2019. The applicant no.1 was harassed by the opposite party no.2 and his family members and she has filed a complaint under Section 498-A IPC on 23.12.2019 against the opposite party No. 2 and his family members. She has also filed a case under Section 125 Cr.P.C. in the year 2020 against opposite party no.2. It was submitted that the impugned complaint has been lodged by the opposite party no.2 on 01.03.2021 as a counterblast to those cases. The allegations levelled by opposite party no.2 are wholly false and improbable. Learned counsel has referred statement of complainant recorded under Section 200 Cr.P.C. and statements of witnesses recorded under Section 202 Cr.P.C. and submitted that there are material contradictions and that the role of assaulting the complainant with knife has been assigned to applicant no.4 Rahul. Applicant no.3 is sister of applicant no.1. Referring to the facts of the matter, it was submitted that no prima facie case is made out against applicants and that impugned proceedings are counter-blast and malicious and thus, liable to be quashed.

5. Learned counsel for the opposite party no.2 has opposed the application and submitted that the complainant has made clear allegations that on 23.02.2021, the applicants came at his house and threatened to implicate him in false case and he was assaulted by them. It was further stated that applicant no.4 Rahul has attacked the complainant with a knife and resultantly he has sustained injuries. The version of complainant is supported by medical examination report. It was submitted that false cases were lodged by the applicant no.1 against opposite party no.2. Referring to the facts of the matter, it was submitted that a prima facie case is made out against applicants.

6. I have considered the rival submissions and perused the record.

7. The legal position on the issue of quashing of criminal proceedings is well- settled that the jurisdiction to quash a complaint, FIR or a charge-sheet should be exercised sparingly and only in exceptional cases. However, where the allegations made in the FIR or the complaint and material on record even if taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused, the charge-sheet may be quashed in exercise of inherent powers under Section 482 of the Cr.P.C. In well celebrated judgement reported in AIR 1992 SC 605 State of Haryana and others Vs. Ch. Bhajan Lal, Supreme Court has carved out certain guidelines, wherein FIR or proceedings may be quashed but cautioned that the power to quash FIR or proceedings should be exercised sparingly and that too in the rarest of rare cases.

8. In the instant matter, applicant no.1 is wife of opposite party no.2/ complainant and applicant no. 3 and 4 are her sister and brot