Pradeep Kumar Singh Baghel, J. - (1.) Three applicants have instituted this criminal miscellaneous application under Section 482 of the Code of Criminal Procedure (Cr.P.C.) for quashing of the proceedings of Complaint Case No. 2615 of 2016, Smt. Mamta v. Virendra and others , filed by the second respondent under Sections 323, 504, 506, 354, 379 I.P.C., pending in the Court of the Judicial Magistrate/Additional Civil Judge (Junior Division), Deoria.
(2.) The essential facts are that the second respondent filed an application under Section 156(3) Cr.P.C., wherein she made a serious allegation that the applicants herein have assaulted her. The learned Magistrate after recording the evidence has summoned the applicants in the aforesaid sections. Aggrieved by the summoning order, the applicants have instituted this application.
(3.) This application has been filed on the ground that the deponent of the affidavit filed in support of the application, namely, Ram Naresh, who is not a party in the present application, has two sons. The applicant no. 1- Virendra is his elder son and the applicant nos. 2 and 3 are son and wife respectively of the applicant no. 1. Surendra is younger son of Ram Naresh and the second respondent is wife of Surendra. The applicant no. 1 and his family is residing in the village and the deponent (the father of the applicant no. 1) is also living with them. Younger son of the deponent, namely, Surendra is in service at Bhagalpur, Bihar and lives there with his family.;