Rajesh Dayal Khare, J. - (1.) HEARD learned counsel for the applicants and learned A.G.A. for the State. This application under Section 482, Cr.P.C. has been filed for quashing the proceedings of case No. 1299 of 2013 arising out of NCR No. 122 of 2013 under Sections 323, 504, 506 IPC, police station Cantt. district Bareilly pending in the court of Additional Chief Judicial Magistrate, Court No. 5 Bareilly.
(2.) IT is contended by learned counsel for the applicants that the applicant No. 3 and the opposite party No. 2 are real brothers and an NCR was lodged from both the sides as has been stated in paragraph -5 of the affidavit accompanying this application. It is next contended that it is a cross case and some altercation took place in which both sides have received simple injuries. The further contention of the counsel for the applicants is that no offence against the applicants is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment. He pointed out certain documents and statements in support of his contention. From the perusal of the material on record and looking into the facts of the case at this stage it cannot be said that no offence is made out against the applicants. All the submission made at the bar relates to the disputed question of fact, which cannot be adjudicated upon by this Court in exercise of power conferred under Section 482 Cr.P.C.. At this stage only prima facie case is to be seen in the light of the law laid down by Supreme Court in cases of R.P. Kapur Vs. State of Punjab, : A.I.R. 1960 S.C. 866, State of Haryana Vs. Bhajan Lal, : 1992 SCC (Cr.) 426, State of Bihar Vs. P.P. Sharma, : 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para -10) : 2005 SCC (Cr.) 283. The disputed defence of the accused cannot be considered at this stage. Moreover, the applicants have got a right of discharge under Section 239 or 227/228 or 245 Cr.P.C. as the case may be through a proper application for the said purpose and they are free to take all the submissions in the said discharge application before the Trial Court.
(3.) THE prayer for quashing the proceedings is refused.;