SANJEEV KUMAR Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard learned counsel for the applicants, learned counsel for 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 dtd. 17/5/2023, of Complaint Case No. 871 of 2022, under Ss. 354, 323, 504, 506 I.P.C., Police Station Thathiya, District Kannauj, pending in the court of C.J.(J.D.)/J.M.,F.T.C.-II, Kannauj.

(3.) It has been argued by learned counsel for the applicants that the impugned complaint has been lodged by the opposite party No. 2/complainant making false and baseless allegations. In fact the dispute is regarding property and that applicants have a plot and that opposite party No. 2 was illegally trying to take possession over the said plot. The mother of opposite party No. 2 has already filed a civil suit, which is pending before the civil court. The wife of applicant No. 1 has lodged a first information report on 23/9/2022 against the opposite party No. 2 and his family members for the offence under Ss. 504, 506 IPC. The allegations that the applicants have trespassed into the house of complainant and abused and assaulted him and his family members or that they have outraged the modesty of the wife of complainant, are wholly false. There are material contradictions in the statements of complainant and of witnesses. It was submitted that there is no injury report of alleged injured on record. Referring to facts of the matter, it was submitted that no prima facie case is made out against the applicants.