SALIM KHAN Vs. PARVEEN KHATOON

JUDGEMENT

(1.) This is an application under Sec. 482, Code of Criminal Procedure. Salim Khan applicant, who is the husband of Smt. Parveen Khatoon, opposite party, prays for quashing the proceedings Under Sec. 125 Code of Criminal Procedure in case No. 35 of 1979, Smt. Parveen Khatoon v/s. Salim Khan Criminal Procedure in case No. 35 of 1979, pending in the court of the Special Judicial Magistrate, Dehradun.

(2.) The relevant facts in brief are these. Smt. Parveen Khatoon, the opposite party, filed an application under Sec. 125, Code of Criminal Procedure for the award of maintenance, against her husband Salim Khan, the present applicant. Salim Khan put in appearance in those proceedings and moved an application on 21 -12 -1979, saying that he had filed a suit for restitution of conjugal rights against Parveen Khatoon in the Court of the Special Judge, First Class, Delhi and the same had been decreed against her on 9th August, 1979. In view of the findings recorded in that judgment, the application under Sec. 125, Code of Criminal Procedure was liable to be dismissed. The learned Magistrate did not dispose of this application and passed an order on the margin which reads K. W. file. After this the husband filed this application in September, 1980 and prayed for quashing of the proceedings under Sec. 125, Code of Criminal Procedure.

(3.) Parveen Khatoon, opposite party, was served, but has not cared to appear and contest this case.