KANAK SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the applicants, learned AGA and perused the record.

(2.) The present applicants have invoked the inherent power of this Court under Sec. 482 CrPC beseeching the quashing of cognizance/summoning order dtd. 8/5/2023, charge sheet dtd. 14/4/2023 as well as entire criminal proceeding of Criminal Case No. 2341 of 2023 (State Vs. Kanak Singh and others) arising out of the Case Crime No. 0120 of 2023, under Ss. 323, 504, 506, 34, 427, 452 and 325 IPC, Police Station Jahanaganj, District Azamgarh pending before Judicial Magistrate, Court No. 20, Azamgarh.

(3.) Opposite Party No. 2 has lodged an FIR against the present applicant levelling allegation of house trespass, pounding, damage of property and criminal intimidation with an averment that on the date of incident i.e. 10/3/2023 at about 4.30 PM all the accused with common intention barged into house of the first informant. They abused and pounded to the first informant and his family members. It is submitted that false and malicious prosecution has been instituted against the present applicants just to create pressure upon them so that they may come to the compromise in the civil dispute going on between the parties. In fact, no such incident has taken place on the date of the occurrence as shown in the FIR.