JUDGMENT :

1. Heard Mr. Ayank Mishra, learned counsel for the applicants, Mr. Pankaj Srivastava, learned A.G.A for the State and perused the material available on record.

2. As legal submission have been raised by counsel for the applicant challenging the summoning order passed by the concerned Magistrate, hence, the present application is being decided without issuing notice to opposite party no.2

3. The present application under Section 482 Cr.P.C. has been filed by the applicants to quash the summoning order dated 15.09.2021 passed by Additional Chief Judicial Magistrate/Additional Civil Judge (Sr. Div.) Court No.2, Ghaziabad in Criminal Complaint Case No. 11006 of 2020 (Smt. Jyoti Vainiwal Vs. Deepak Kumar Tomar and others), under Section 406 I.P.C., Police Station-Kotwali, District-Ghaziabad, pending in the Court of Additional Chief Judicial Magistrate/Additional Civil Judge (Sr. Div.) Court No.2, Ghaziabad.

4. Brief facts of the case are that, the present complaint has been filed by opposite party no.2 on 22.07.2020 with the allegations that marriage of opposite party no.2 was solemnized with applicant no.5 on 14.05.2019 according to Hindu Rites and Rituals wherein sufficient dow