1. This application under section 482 of CrPC has been filed against the order dated 30.12.2015 passed by ACJM, Gwalior in Case No.61/2016 by which the ACJM has taken cognizance of the offence under section 306/34 of IPC as well as all subsequent proceedings arising thereof.

2. The necessary facts for the disposal of the present application in short are that the complainant/respondent No.2 lodged a FIR on 17.9.2014 to the effect that his wife Kirti has informed him on phone that the brother of the complainant namely Vasudev and his son Jaiprakash have committed suicide by hanging themselves. He immediately went to the house of his brother where he found that the sister of Jaiprakash was standing outside the house. The doors of the house were opened and he found that his nephew Jaiprakash and brother Vasudev have committed suicide. During investigation, the police seized a suicide note of Vasudev. After sending the bodies for postmortem and after recording the statements of the witnesses, the police filed the chargesheet against the applicants for offence punishable under section 306/34 of IPC. By order dated 30.12.2015, the Magistrate took cognizance of the charge-sheet filed by the police.

3. This petition has been filed by the applicants for quashing the order dated 30.12.2015 passed by the ACJM, Gwalior by which he had taken cognizance against the applicants on the charge sheet filed by the police.

4. The counsel for the applicant has submitted that the charges have been framed but the order framing charge was never challenged. It is further submitted that in the light of the judgment passed by the Supreme Court in the case of Satish Mehra v. State of NCT of Delhi, reported in 2013 CrLJ 411, this petition under section 482 of CrPC is maintainable even if charges are framed or even if some evidences are also recorded in the trial.

5. None appears for the respondent No.2 though he was served on 13.2.2017.

6. The necessary facts for the disposal of the present application in short are that the deceased Vasudev and the applicant No.4 Smt. Anju Hotwani had lost their spouses. Deceased Vasudev had two children whereas Smt. Anju Hotwani had three children from her first marriage. The deceased Vasudev lost his wife in the year 2013 whereas Smt. Anju Hotwani had also lost her husband. As the deceased Vasudev and the applicant No.4 Anju Hotwani had lost their life partners, therefore, they thought it appropriate for remarriage and, accordingly, the deceased Vasudev and the applicant No.4 Anju Hotwani got married on 27.6.2013 as per Hindu rites and rituals. It appears that immediately after the marriage, they realized that they are not made for each other and they had certain basic differences which they could not resolve and they started living separately from 10.7.2013 i.e., just 13 days after the marriage. As the deceased Vasudev and the respondent No.4 Anju Hotwani were not able to resolve their disputes, therefore, they decided to obtain decree of divorce by mutual consent. In the meanwhile, it is alleged that the articles or ornaments which were exchanged/given at the time of marriage were returned by the parties and the deceased Vasudev also agreed to pay an amount of Rs.5,75,000/- to the applicant No.4 Anju Hotwani by way of permanent alimony. Accordingly, an application under section 13 B of Hindu Marriage Act was filed by the deceased Vasudev and the applicant No.4 Anju Hotwani for grant of divorce on mutual ground on 27.11.2014. Their statements were recorded and the case was adjourned for six months. Thereafter, again the parties were directed to reconcile their disputes but since they failed to do so, therefore, a decree of divorce on mutual consent was granted on 3.8.2015 by the Court of Principle Judge, Family Court, Gwalior. It appears that the deceased Vasudev was very much disturbed with the developments which had taken place in his life, therefore, he alongwith his son committed suicide on 21.8.2015 i.e., just 18 d