Hon’ble Shri Kant Tripathi, J.—The applicants Ram Chanda Balani and his son Shyam Balani have filed this application under Section 482, Cr.P.C. for quashing the proceedings of the Criminal Case No. 399 of 2000, State v. Ram Chanda Balani and another, under Section 380, IPC pending in the Court of Ist Additional Chief Judicial Magistrate, Mathura along with the impugned order dated 6.11.2004 and charge-sheets dated 25.4.2000 and 5.7.2000.

2. Neither the opposite party No. 1 nor the opposite party No. 2 (the complainant) filed any counter affidavit.

3. I have heard the learned counsel for the applicants, the learned AGA for the State and also the learned counsel for the opposite party No. 2 and perused the record.

4. It is alleged that the marriage of the applicant No. 2 Shyam Balani, son of the applicant No. 1, was to take place on 5.5.1997. The applicants had gone to the house of the opposite party No. 2 Gurudeo Sharma on 1.4.1997 at about 10.00 AM to invite him for the marriage. At that time the opposite party No. 2 was not present in his house but his servant Mohan Singh Yadav (informant) was present, who entertained the applicants in the house of the opposite party No. 2