1. List revised.

2. No one appeared on behalf of O.P. No.2, even in the revised call. Heard Shri I.K. Chaturvedi, learned counsel for the applicants and learned A.G.A. Perused the records.

3. As this application under Section 482 Cr.P.C. is pending since the year 2004 and O.P. No.2 has already filed his counter affidavit, which is available on record, I am deciding this application on merits after perusing all the averments made in the counter affidavit by the O.P. No.2.

4. The applicants, who are the father and brothers of the deceased wife of O.P. No.2, by means of this application under Section 482 Cr.P.C., have invoked the inherent jurisdiction of this Court with prayer to quash the entire proceedings of Criminal Case No.2172 of 2003 (Vishnu Pujan Singh Vs. Chandra Shekhar Singh and others) under Sections 506 and 406 I.P.C. pending before the learned Chief Judicial Magistrate, Kaushambi.

5. The facts in brief are that the marriage between Smt. Sudha Devi, daughter of applicant no.1, was performed with O.P. No.2 in the year 1999. Smt Sudha Devi was an educated lady, employed as Assistant Teacher in Primary School-Jagatpur, Block Sarsawa, District-Kaushambi. However, her husband and in-laws used to subject her to cruelty in connection with demand of dowry, which compelled her to leave her matrimonial home and to live in her parental home along with the applicants, but her mental harassment by husband and in-laws continued and ultimately, in a state of mental depression, she committed suicide by hanging. She had been so much fed up by the cruel behaviour of her husband and the other relatives that before her death she wrote a letter to the “Basic Shiksha Adhikari” concerned, not to give employment to her husband or any of his relatives after her death.

6. Learned counsel for the applicant has submitted that the O.P. No.2, who is in fact, a person having bad habits, when failed to succeed in getting employment under the Dying in Harness Rules, started harassing the applicants threatening them of dire consequences. With malafide intention, he filed a frivolous complaint against the applicants on 23.8.2003 with the allegations that the applicants have illegally usurped Rs.97,000/-which his deceased wife had withdrawn from the joint account of husband (O.P. No.2) and wife (deceased Sudha Devi) and have illegally kept with them all the ornaments gifted to the deceased in the marriage from both sides. It was also alleged that a Kisan Vikas Patra, amounting to Rs.50,000/- in the joint name of husband and wife, which was in possession of the deceased at the time of her death, has also been illegally kept by the applicants with them. When the O.P. No.2 asked the applicant to return all these items, they denied.

7. In support of the complaint, the O.P. No.2 recorded his statement under Sections 200 Cr.P.C., and of two witnesses under Section 202 Cr.P.C. The learned Magistrate on the basis of these statements, found a prima facie case and accordingly summoned the applicants by the impugned order.

8. Learned counsel for the applicants has submitted that the aforesaid complaint is nothing but an abuse of the process of the court and law. The applicant nos.2 and 3 who are the sons of the applicant no.1 were prosecuting their studies at that time and they have absolutely no concern with the allegation made in complaint. However, with malafide intention and only in order to ruin their academic career, they were made a party in the complaint. Learned counsel has further contended that in fact, the deceased's ornaments were in possession of O.P. No.2. When the applicant no.1, after the suicidal death of his daughter, asked the O.P. No.2 to return only those ornaments gifted by him to the deceased, the O.P. No.2, instead of returning the ornaments, implicated the applicants in this false complaint case. It is further contended that no case under Sections 506 and 406 I.P.C. is made out against the applicants as all the essential ingredients o