JUDGMENT :

1. Instructions passed on by the learned AGA today in the Court, is taken on record.

2. Heard Mr. Prabha Shanker Mishra and Mr. Akash Deep Srivastava, learned counsel for the applicants, Mr. Ved Prakash Shukla, learned counsel for the opposite party no.2, Mr. Pankaj Srivastava, learned A.G.A. for the State as well as perused the entire material available on record.

3. The present 482 Cr.P.C. application has been filed to quash the impugned orders dated 02.09.2022 (summoning) and 18.01.2023 (NBW/82/83 Cr.P.C.) as well as the entire proceedings of Criminal Case No.75 of 2022 (State vs. Kusum Devi and others), arising out of Case Crime No.75 of 2022, under Section 306 I.P.C., Charge sheet No.216 of 2022, Police Station-Naini, District-Prayagraj (Allahabad), pending in the court of Chief Judicial Magistrate, Allahabad.

4. The brief facts as enumerated in the application are as follows:-

(i) An FIR has been lodged by wife of the deceased, namely, Sunita Mishra against as many as 5 named accused on 19.02.2022 at about 13:48 hrs, which was registered as Case Crime No.75 of 2022, under Section 306 IPC, P.S. Naini, District-Prayagraj stating therein that the opposite party no.2-Sunita Mishra w/o Sundar Mishra is resident of House No.115, Jawahar Nagar, Naini, Prayagraj. The husband of opposite party no.2 was working in Merchant Navy, however, when he came to know about the illness of his father, he came back to reside with his father in the year 2019 and started doing contract work in Nagar Nigam on license, which was in favour of his father. The informant/opposite party no.2 has five year old daughter, therefore, father of the deceased only provided expenses for their livelihood. The informant's Jeth, namely, Dinesh Mishra and Jethani, namely, Rani Devi as well as the other Jeth, namely, Manohar Mishra and mother-in-law of the informant, namely, Kusum Devi used to harass the informant for not having son and passed remarks as to what she will do with the money when she does not have any son. When the informant requested for money for education of her child, the aforesaid persons stated as to what was the purpose of educating her daughter. As the deceased really loved his daughter as well as his wife (the informant), therefore, he had sent his wife and daughter to Ahmedabad for purpose of educating his child. The informant and her daughter had gone to Ahmedabad for the aforesaid purpose on 26.12.2021, after which she was informed through telephone by her husband that his family members were exerting pressure upon him to perform second marriage and in case, he does not agree to do the same, they would disown him from the entire property. She was also informed by her husband that her Jeth and Jethani were persuading her father-in-law to disown her husband and execute a will in their favour. Taking advantage of illness of father-in-law of the informant, who was suffering from cancer since last one year and was confined to bed, the brothers of the deceased persuaded the informant's father-in-law and influenced him to give the entire property to them. She has also alleged that she was informed by her husband (now deceased) that on 05.01.2022 taking advantage of illness of her father-in-law, the entire property was taken by the brothers of the deceased. Coming to know about the same, her husband expressed that he does not want to live any more. On the same day, 05.01.2022 at about 10:30 p.m., the informant received the Whats-app messages from 9415613440 on her mobile no.9723224428, which was a suicide note of her husband. Being shocked by the same, she tried to contact the family members but they did not pickup the phone. Being tensed, the informant left Ahmedabad in the morning at 06:00 a.m. and reached Prayagraj at the resident of the applicants on 07.01.2022 and found that on 06.01.2022, the postmortem of the body of the deceased (husband) had already been conducted and the funeral took place on 07.01.2022, but no information was giv