SALIMUDDIN SUJAUDDIN KADRI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The challenge in this petition under Section 482 of the Code of Criminal Procedure, 1973 is to the complaint being C.R. No. II-3351 of 2011 lodged by respondent No. 2-wife for the offences punishable under Sections 498A, 504, 506(2) and 114 of the Indian Penal Code read with Sections 3 and 4 of Dowry Prohibition Act. Learned Advocate for the applicants contends that the applicants had paid an amount of maintenance to respondent No. 2 regularly as ordered by the Court below and this complaint is nothing but abuse of process of law. Not only that but matrimonial relationship between applicant No. 1 and respondent No. 2 is governed by Muslim Personal Law and Talaq (divorce as per Mulsim Personal Law) was effected and thereafter nothing survives and the applicants are subjected to harassment by respondent No. 2 upon initiating different proceedings including Protection of Domestic Violence against Women Act, 2005. It is also submitted that other applicants who relatives and not residing together are also arraigned as accused and, therefore, the complaint deserves to be quashed and set aside.

(2.) On perusal of the record and earlier order passed by learned Magistrate while awarding maintenance, prima facie, certain facts were recorded and, accordingly, it was not in dispute that respondent No. 2 had married lawfully and she had no income to maintain herself as well as two children residing with her.

(3.) In view of the above, payment of maintenance as ordered by the Trial Court by the applicant No. 1 cannot be said to be a ground for quashing the complaint. Earlier efforts made by respondent No. 2 to reside with applicant No. 1 she was time and again subjected to mental torture, cruelty and abused and in the above backdrop of allegations, it cannot be said that ingredients of the offences are not disclosed nor it can be said to be an abuse of process of law. In absence of merit, this petition is rejected.