Hon’ble Ramesh Sinha, J.—Heard Sri N.I. Jafri, learned counsel for the applicants, Sri V.P. Srivastava, learned Senior Advocate assisted by Sri K.M. Tripathi, learned counsel for the opposite party No. 2 and learned A.G.A. for the State.

2. By means of this 482 Cr.P.C. application, the applicants have prayed for quashing the order dated 20.12.2012 passed by the Additional Chief Judicial Magistrate, Rampur in Complaint Case No. 10235 of 2011 (Smt. Shakeela v. Javed and others) under Sections 452, 302, 147, 148, 149, 307, 504 and 506 I.P.C., police station Azimnagar, District Rampur.

3. Brief facts of the case are that on 12.7.2011 Javed applicant No. 1 had lodged an F.I.R. which was registered as Case Crime No. 715 of 2011 under Sections 147, 148, 149, 307 and 302 I.P.C. at police station Azimnagar, District Rampur against Firasat Ali-brother-in-law of Smt. Shakeela opposite party No. 2, Ilyas, Islam, Rehan, Shahadat and Afsar at police station Azimnagar, District Rampur with respect to an incident which had taken place on 12.7.2011 at 12:30 p.m. at village Haraita where a meeting was going on at a fair price shop and large number of villagers were present along with the applicants. In between the meeting, some dispute have arisen and hot talks were exchanged between Firasat Ali and Zameer Ahmad, father of applicant No. 1. Due to the said dispute, Firasat shot fired on the father of applicant No. 1 Zameer Ahmad which hit him on his head resulting in his death. Thereafter fighting broke out between the two factions. In the said fighting, several persons, namely, Nadeem, Shahid and Waseem from the side of the applicants received injuries.

4. Firasat Ali also lodged a cross F.I.R. against the applicants and Zameer Ahmad (deceased) on 12.7.2011 at 10:05 a.m. at the same police station which was registered as Case Crime No. 715-A of 2011 under Sections 147, 148, 149, 452, 307, 302, 504 and 506 I.P.C. with regard to the same incident in which he has stated that the applicants had chased him from the fair price shop after hearing the news of killing of deceased Zameer Ahmed, who was shot by him in which he received injuries and entered into his house and made indiscriminate firing in which his niece Km. Nighat Bi had received injuries and died on the spot.

5. The investigation of case which was lodged by the applicant No. 1 was carried out by the police and charge-sheet was submitted against Firasat Ali, Shahadat Ali and Afsar under Sections 147, 148, 149, 307, 324 and 302 I.P.C. and Section 4/25 Arms Act in the Court of C.J.M., Rampur on the basis of which the learned Magistrate has taken cognisance of the offence on 17.10.2011 and the committed the case to the Court of Sessions.

6. Similarly, the investigation of the case which was lodged by Firasat Ali was also conducted by the police and it was reported by the police in the investigation that Firasat Ali along with his brother Ilyas and other accused persons in order to create pressure on the applicant No. 1 Javed, who had lodged F.I.R. of Case Crime No. 715 of 2011 against them has lodged the F.I.R. of Case Crime No. 715-A of 2011 against applicant No. 1 and other applicants for the murder of his niece Nikhat Bi. Thus, the Investigating Officer exonerated the applicants from the offence which was registered as Case Crime No. 715-A of 2011 and submitted a charge-sheet against Firasat Ali and Ilyas under Section 302 I.P.C. and Section 25 Arms Act. The said case was also committed to the Court of Session and the same was registered as S.T. No. 114 of 2012. The Additional Sessions Judge, Court No. 3, Rampur had also framed charges against Firasat Ali under Section 302/34 I.P.C. vide order dated 13.2.2013 relating to the murder of his niece Km. Nighat Bi.

7. It appears that when Smt. Shakeela opposite party No. 2 came to know that her brother-in-law Firasat Ali himself has been made an accused in Case Crime No. 715-A of 2011 which was lodged by him by the police under the infl