KHEM SINGH Vs. STATE AND OTHERS

JUDGEMENT

(1.) AP ­plication under Section 482 of the Code of Criminal Procedure (for short `Code') was initially filed by the applicant-hus­band with a prayer that the proceedings of Petition No. 755 of 1999, Smt. Shakuntala Devi Versus Khem Singh, under Section 125 of the Code pending in the Court of Judicial- Magistrate, Hardwar be quashed.

(2.) SINCE the proceedings in the above petition were not stayed at the instance of the applicant-husband, the same were finally decided on merit vide judgment and order dated 19.01.2000 (Annexure A4 in Application No. 68 of 2002). In view of this the applicant-hus­band filed Criminal Misc. Application No. 68 of 2002, with a prayer to have the said judgment and order quashed.

(3.) THE respondent-wife filed another petition under section 125 of the Code on 2.7.1999 in the Court of learned Judicial Magistrate, Hardwar and the same was registered as Petition No. 755 of 1999, Smt. Shakuntala Devi and oth­ers Versus Khem Singh. Registration of this petition gave an occasion to the ap­plicant-husband to file the earlier men­tioned application under section 482 of the Code for quashing these proceedings.