JUDGMENT :

UMESH CHANDRA SHARMA, J.

1. Heard Sri Manish Tiwari, learned Senior Advocate assisted by Sri Aushim Luthra, learned counsel for the applicants, Sri Pankaj Kumar Tripathi, learned AGA for the State, Sri Udai Chandani, learned counsel for opposite party no. 2 and perused the record.

2. This application has been moved to quash the charge sheet dated 20.01.2021 and the order dated 19.10.2022 passed by Additional Sessions Judge in ST No. 298 of 2022 (State vs. Umashankar and Others) in Crime No. 163 of 2020, under Sections 498-A, 304-B IPC and Section 3/4 DP Act, Police Station Manduadih, District Varanasi pending in the Court of CJM, Varanasi.

3. In the application it has wrongly been mentioned that the case was pending in the Court of CJM, Varanasi virtually the case has been committed to the Court of Sessions Judge and at present the case is pending in the Court of Additional Sessions Judge-IX, Varanasi as ST No. 298 of 2022.

4. In brief, facts of the case are that the deceased was the daughter of opposite party no. 2, Om Prakash and was the wife of applicant no. 1, Om Prakash @ Guddu and daughter-in-law of applicant nos. 3 and 4. Applicant no. 2 is the real brother of applican