JUDGMENT :

MANJU RANI CHAUHAN, J.

1. Heard Mr. Vivek Kumar Singh, learned counsel for the applicants, Mr. Chandra Bhan Dubey, learned counsel for the opposite party and Mr. Amit Singh Chauhan, learned A.G.A. for the State and perused the record.

2. This application under Section 482 Cr.P.C. has been filed by the applicant to quash the entire criminal proceeding of Complaint Case No. 13682 of 2021 (Smt. Sarla vs. Kanwarpal @ Lala and Others), under section 302 IPC, Police Station Chapprauli, District Baghpat as well as impugned summoning order dated 26.08.2022 passed by learned Chief Judicial Magistrate, Baghpat.

3. Brief facts of the case is that an FIR was lodged by Trishpal, son of Bishambhar on 11.03.2019 at 13:18 hours which was registered as Crime No. 60 of 2019, under section 302 IPC at Police Station Chhaprauli, District Baghpat against unknown persons with the allegation regarding missing of his nephew Samrat whose dead body was found on 11.03.2019 at 10:30 am on road side near a pulia.

4. On 11.03.2019, the postmortem of the aforesaid dead body was conducted wherein some injuries were noted and cause of death was due to throttling and shock.

5. The matter was investigated by Inv