MAYABEN ARJUNSINH VASADIA Vs. ARJUNSINH DHIRAJSINH VASADIA

JUDGEMENT

(1.) Rule.

(2.) With the consent of the learned Advocates for the parties and the learned Addl. Government Pleader in charge of the matter and in facts of the case when the Criminal Appeals No. 20 and 21 of 1995 have been ordered to be stayed, both these matters are heard finally. Both the said matters arise from the following facts and circumstances and as such shall be disposed of by this common judgment.

(3.) The petitioner, Mayaben Arjunsinh Vasadia, is the original complainant who filed Criminal Case No. 2303 of 1986 against respondents No. 1 to 3 for the offences under Secs. 420, 120B, 498A, 500, 504 and 506(2) of the Indian Penal Code in the Court of the learned Chief Judicial Magistrate, Baroda. The petitioner-complainant was lawfully married to respondent No. 1 on April 25, 1985 according to the Hindu rites and rituals at Baroda. The respondent No. 1 had taken dowry from the petitioner and her father, as detailed in Para 4 of the complaint. It is alleged that the respondent No. 1, while working as a Typist in the District Panchayat Office at Chhota-Udepur, had tried to trap a girl named Meena alias Mumtaz Patel, who was working as a nurse in the District Panchayat's Health Department at the relevant time. It is alleged that the said Mumtaz Patel had married a Muslim man and there was a child, daughter, out of the said wedlock. The respondent No. 1 had executed an agreement of friendship ('Maitri Karar') with the said Meena alias Mumtaz Patel in the year 1969 and both of them resided as husband and wife. Out of the said relationship, Mumtaz Patel had given birth to one son named Harendrasinh. It is alleged that the respondent No. 1 stayed with said Mumtaz Patel at Panvad for about 13 years as husband and wife.