JUDGMENT :

Kuldip Singh, J.

1. This is a petition under Article 227 of the Constitution of India read with Section 482 Cr.P.C. for quashing order dated 31.10.2011 passed by respondent No. 2 Sub Divisional Magistrate, Solan in case No. 394/2004 of 2011 and for quashing of entire proceedings of case No. 394/2004 of 2011 pending before respondent No. 2.

2. The facts, in brief, are that petitioner No. 1 and respondent No. 3 are husband and wife. The petitioner No. 2 is the father and petitioner No. 3 is the mother of petitioner No. 1. The petitioner No. 1 and respondent No. 3 got married on 8.10.2009. The further facts as narrated in the petition are that Master Karanvir Singh Thakur was born from the wedlock of petitioner No. 1 and respondent No. 3 on 9.6.2010 at Kamla Nehru Hospital, Shimla. The child from birth is looked after by the petitioner No. 3.

3. The respondent No. 3 after availing maternity leave left Shimla for Parwanoo alongwith petitioner No. 1 and the child in order to join her duties. The petitioner No. 3 stayed at Parwanoo to look after child as the respondent No. 3 was unable to look after the child being employed.

4. The petitioner No. 2 a heart patient had to live alone