Admittedly, opposite party No. 2 is the wife of applicant No. 1 and rest of the applicants are her brother-in-law i.e. brother of applicant no. 1-husband and father-in-law. Perusal of the FIR dated 16.1.2021, clearly shows that applicant nos. 1, 3 and 4 inflicted through lathi and applicant no. 2 gave knife injury to opposite party no. 2 who is her bhabhi and injury report of opposite party no. 2 suggests that she sustained incised wound and as well as contusions, therefore, the injury report of opposite party no. 2 fully corroborates the allegation made in the FIR. An argument advanced by counsel for the applicants that later, on 10.2.2021 when opposite party No. 2 again lodged an FIR against the applicants then she did not disclose the incident dated 16.1.2021. This argument cannot be benefited for the applicants for the purpose of quashing of the charge sheet of the present case, as on this ground proceeding of the present case can not be quashed. As, prima facie, from the perusal of the FIR and other documents on record including injury report of the opposite party No. 2, offence under Sections 323, 324, 504 and 506 IPC are made out against the applicants, therefore, at this stage, no interference is needed. As far as another argument that arrest of the applicants by this Court in case related to the FIR dated 10.2.2021 is concerned, in that regard, the law is settled that if even proceeding of a case is stayed then on that ground, the proceeding of another case which has earlier lodged, cannot be quashed.
