Ali Zamin,J. - (1.) Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
(2.) The present application under Section 482 Cr.P.C. has been filed for quashing the entire proceeding of the Criminal Case No. 2543 of 2019 (State v. Laxmi Narayan Dubey and others), under Sections 147, 447, 323, 504, 506, 452 354(Kha) I.P.C.(arising out Case Crime No. 154 of 2018), Police Station Kapsethi, District Varanasi pending in the court of Additional Chief Judicial Magistrate, Court No.2, Varanasi.
(3.) Learned counsel for the applicant submits that applicant no.1 has filed a civil suit no.910 of 2017 (Laxmi Narayan Dubey v. Smt. Radhika and others) before the Civil Judge (Junior Division), Varanasi on 11.07.2017. Opposite party no.2 has disclosed the incident of 23.10.2017 after filing the suit, in which time is missing. The same incident has been disclosed in first information report dated 11.12.2017. Third incident of near about 7.00 A.M. on 13.12.2017 has been disclosed and after about 9 months first information report on an application under Section 156(3) Cr.P.C. has been lodged under Sections 147, 323, 504, 447, 511, 506, 450, 354(kha), 376 I.P.C. Laxmi Narayan Dubey is aged about 80 years old and other applicants Suresh Dubey, Diwakar Dubey, Prabhakar Dubey are sons of Laxmi Narayan Dubey and Shailesh Dubey and Ashish Dubbey are grandsons of Laxmi Narayan Dubey. He submits that only because of the civil suit first information report has been malafidely lodged against them and after investigation charge sheet has been submitted under Sections 147, 323, 504, 447, 506, 452, 354(Kha) I.P.C.;