RAJKUMAR LYALL Vs. MANISHA LYALL

JUDGEMENT

(1.) The applicant, by means of present Application under Section 482 Cr.P.C., seeks to quash the orders dated 10.12.2008 and 25.04.2009 passed by the Judicial Magistrate 1st, Dehradun and Additional Sessions Judge, Dehradun respectively. The applicant also seeks to quash the proceedings of Misc. Case no.39/2009 under Sections 18, 19 & 20 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as 'the Act') pending before the Judicial Magistrate 1st, Dehradun.

(2.) A criminal complaint case was filed by the complainants (respondents herein) against the accused (applicant herein) under Sections 18, 19 & 20 of the Act. By way of order dated 10.12.208 passed by learned Judicial Magistrate 1st, Dehradun, the applicant was directed to pay Rs.1500/- as monthly maintenance allowance to the respondents. The same was assailed by the application before the Sessions Judge, Haridwar by filing a criminal appeal, which was dismissed, vide order dated 25.04.2009. Aggrieved against the same, present application under Section 482 Cr.P.C. was moved by the applicant.

(3.) Learned counsel for the applicant drew attention of this Court towards para 20 of the complaint filed by the respondents against the applicant, which is enclosed as Annexure-1 to the application under Section 482 Cr.P.C. It was specifically written in para 20 of the complaint that the complainant no.1 (respondent no.1 herein) is living with her parents since 01.07.2005. Learned counsel for the applicant also drew attention of this Court towards para 10 of the complaint, wherein it was specifically mentioned that she was ousted from her matrimonial home on 01.07.2005.