JITENDRA CHANDRAKAR Vs. NAMITA CHANDRAKAR

JUDGEMENT

(1.) The petitioners have questioned the legality and validity of the order passed by the learned Judicial Magistrate First Class, Raipur in Complaint Case No. 2670/2015 dtd. 30/11/2015, whereby cognizance has been taken of a complaint filed by the respondent against the petitioners for commission of offence punishable under Ss. 191, 192, 193, 196, 120-B read with Sec. 34 of IPC.

(2.) It is undisputed that the petitioner No.1 is the husband of the respondent and their marriage was solemnized on 23/5/2010.

(3.) The facts of the present case in a nutshell are that barely after two months of marriage, on account of a certain dispute, the respondent left her matrimonial house and thereafter, the petitioner No.1 made a complaint making imputation on the character of the respondent to the President of his community on 8/10/2010 and on 16/6/2011, he filed a petition for dissolution of marriage, whereas the respondent filed Misc. Judicial Case No. 8/2012 under Sec. 125 of Cr.P.C. for grant of maintenance before the Family Court, Raipur. In a proceeding under MJC No. 8/2012, the respondent examined herself as witness No. 1, whereas petitioner No. 1 examined himself along with two other witnesses as witness No. 1 to 3 respectively. Vide order dtd. 18/6/2014; the learned Family Court passed the order in favour of the respondent in a proceeding initiated under Sec. 125 of Cr.P.C.