C-482 No. 212 of 2010 Hon. Prafulla C. Pant, J. Mr. Amrish Agarwal, Advocate present for the petitioners. Mr. B.S. Parihar, Brief Holder present for the respondent No. 1. Heard learned counsel for the petitioners and learned Brief Holder for respondent No. 1. By means of this petition, moved under Section 482 of the Code of Criminal Procedure, 1973, the petitioners have sought quashing of the proceedings of criminal case No. 159 of 2008; State Vs. Kamrul Islam and others, relating to offences punishable under Section 452, 323, 504, 506 of I.P.C., police station Kashipur, pending in the court of Addl. Chief Judicial Magistrate, Kashipur, District Udham Singh Nagar. Learned counsel for the petitioners submitted that the investigation of the case is not fair. It is also contended that independent witnesses were not examined. It is further submitted that the petitioners are innocent. Whether the petitioners are innocent or not, whether there were independent witnesses of the incident or not, are the questions of fact which can be examined by the trial court. Merely for the reason that the investigation was allegedly not fair, the proceedings cannot be quashed under Section 482 of Cr.P.C. It has come on the record that the petitioners have pleaded that complainant’s daughter was divorced by the petitioner No. 4 Kamrul Islam. But this case does not pertain to matrimonial dispute as such. Rather, it relates to the incident of MAAR PEET and insulting the daughter of the complainant. The factual disputes raised by the petitioners can be pleaded by them before the trial court who can examine it after recording evidence. For the reasons as discussed above, without expressing any opinion of to the final merits of the case, this Court is of the view that the petition is liable to be dismissed. The petition under Section 482 of Cr.P.C. is dismissed with the observation that if the petitioners surrender before the court concerned, and move application for bail, their bail application shall be heard and dispose asonable delay. d of without unre (Prafulla C. Pant, J.) 12.03.2010 HN