(1.) The respondent is described as a person married to a senior serving officer of Indian Police Service (IPS), she having had reasons to institute proceedings against her husband by a petition (complaint case no.15783/2014) under Section 12 of Protection of Women from Domestic Violence Act, 2005 to seek certain reliefs. It is stated that she had sworn an affidavit on 24.01.2015 which was submitted by her in the course of the said proceedings, then pending in the court of the Metropolitan Magistrate, the disclosures made in the affidavit concerning the assets, investments, etc. having a bearing on the subject matter of the case.
(2.) The petitioner claims to be a public-spirited person who had certain information about the assets of the respondent who, according to him, had indulged in deliberate suppression of certain facts concerning certain properties, allegedly illegal, owned by the respondent. Terming the aforesaid affidavit dated 24.01.2015 to be an act in the nature of perjury, he had intervened in the proceedings in the criminal complaint case of the respondent against her husband by moving an application seeking initiation of inquiry under Section 340 of the Code of Criminal Procedure, 1973 (Cr. PC). The above-said application was resisted by the respondent who, in the meanwhile, had chosen to withdraw the petition under Section 12 of the Protection of Women from Domestic Violence Act, 2005 with the submission that she had "reconciled with her husband" and was "living happily in her matrimonial home".
(3.) The application of the petitioner was dismissed by the Metropolitan Magistrate by order dated 02.06.2018. The petitioner challenged the said order by appeal (Crl. A. 246/2018) in the court of the Sessions under Section 341 Cr. PC. The appeal was dismissed by the court of Sessions by order dated 26.10.2018.