VIRENDRA BHANDARI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) A petition was jointly filed by the petitioner no. 2 and respondent no. 2 under Section 13 B Hindu Marriage Act for divorce, based on mutual consent. In that petition it was clearly averred by the parties that the parties would have no claim against each other with respect to any property or maintenance etc. Statements to that effect of respondent no. 2 and petitioner no. 2 were also recorded in the Court. It was on the basis of the aforesaid petition as well as the aforesaid statements that the divorce decree was granted by the Court.

(2.) DESPITE the aforesaid, the respondent no. 2 filed a complaint under Section 406 read with 420 I. P. C. against the petitioners.

(3.) IN this petition filed under Section 482 Cr. P. C. , the aforesaid complaint and the proceedings arising there from have been challenged.