JUDGMENT :

MOHD. ASLAM, J.

1. Since both the applications arise out of the same proceedings, they are being decided by this common order.

2. Heard Sri Piyush Dubey, learned counsel for the applicants, Smt. Pooja Saxena, opposite party no. 2 appearing in person as well as Sri L.D. Rajbhar, learned A.G.A. for the State and perused the record.

3. The present applications under Section 482 Cr.P.C. have been moved seeking quashing of the proceeding of Complaint Case No. 203 of 2017 (Smt. Pooja Saxena vs Vivek Mathur and others), under Section 406 I.P.C. Police Station-Hari Parwat, District-Agra, pending in the court of Additional Chief Judicial Magistrate, Court No. 5 as well as summoning order dated 03.07.2017 whereby applicants have been summoned to face trial under Section 406 I.P.C.

4. In brief, prosecution case is that opposite party no. 2/complainant lodged a criminal complaint in the court of Additional Chief Judicial Magistrate, Court No. 4, Agra alleging therein that presently she along with her minor son is residing with her mother who is an old lady and suffering from brain cancer at House No. 307, Siddharth Apartment near Civil Court Compound, Police Station Hari Parwat, District