JUDGMENT

Ravindra Singh, J.—This application has been filed by Dr. Pawan Kumar Pathak Dr. Shreedhar Pathak and Smt. Sheela Pathak with a prayer to quash the proceedings of State v. Dr. Pawan Kumar Pathak and others,1 arising out of charge-sheet submitted in Case Crime No. 264 of 2006 under Sections 498A, 304B IPC and 3/4 Dowry Prohibition Act P.S. Bhelupur district Varanasi pending in the Court of learned Chief Judicial Magistrate, Varanasi.

2. The facts of the case in brief are that in the present case, FIR has been lodged by O.P. No. 2 Smt. Padmawati Devi in Case Crime No. 264 of 2006 under Sections 304B, IPC and Section 3/4 of Dowry Prohibition Act at P.S. Bhelupur district Varanasi on 7.6.2006 at about 8.30 p.m. in respect of the incident which had occurred on 22.4.2005 at unknown time at the house of the applicants. It is alleged that the deceased Dr. Asha Pathak wife of the applicant No.1 Dr. Pawan Kumar Pathak was subjected to cruelty to fulfil the demand of dowry, the applicants were harassing the deceased for taking the land of the mother of the deceased, the mother of the deceased is a widow, poison was administered due to which she died on 22.4.2005 or 23.4.2005. The mar