- (1.) Heard learned counsel for the applicants and learned A. G. A. for the State of U. P.
(2.) Applicants have invoked the jurisdiction of this Court under Section 482 Cr. P. C. with a prayer to quash the charge sheet of Case No.5346 of 2016 arising out of Case Crime No.337 of 2015 u/s 323, 452, 504, 506 IPC, P. S. Civil Line, District-Aligarh pending in the Court of C. J. M., Aligarh as well as to stay the further proceedings of the above referred case.
(3.) It has been submitted by the learned counsel for the applicants/petitioner that petitioner no.2 and petitioner no.3 are respectively father and brother of O. P. no.2. Further submission is that the instant case is counter blast of a FIR which was lodged by petitioner no.1 against O. P. no.2 and her brother. It has further been submitted that since no offence took place, the FIR was lodged with the intervention of the Court by moving an application u/s 156 (3) Cr. P. C. Further submission is that O. P. no.2 has made a categorical statement before the I. O. in her statement u/s 161 Cr. P. C. that her injuries were medically examined and hence the offence u/s 323 IPC relating to injury is not made out. The offence u/s 506 IPC is a non cognizable offence hence the police was not competent to proceed against the petitioners and the charge sheet, if any, filed is violative of established legal provisions and he placed his reliance upon the case of Virendra Singh and others v. State of U. P. and others, 2002 45 AllCriC 609.;