SARDAR ANOOP SINGH Vs. STATE

JUDGEMENT

(1.) I have heare Sri Ram Prasad Singh, learned Counsel for the applicant and Sri Satendra Pratap Singh, learned Counsel appearing on behalf of contesting respondent No. 2 Smt. Sarabjit Kaur.

(2.) Smt. Sarabjit Kaur filed an application Under Section 125 Cr.P.C. claiming maintenance for herself and for her infant child Amlok Singh, aged about 4 years in the Family Court, Kanpur Nagar. The case was registered as Matrimonial Petition No. 282 of 1993. According to the wife Smt. Sarabjit Kaur she was treated with cruelty and thrown out of the conjugal home and she, being a house wife, had no means of subsistance for herself and her child.

(3.) The present application Under Section 482 Cr.P.C. has been filed by husband Sardar Anoop Singh for quashing of the proceedings Under Section 125 Cr.P.C. Learned Counsel appearing on behalf of the applicant has submitted that the applicant has filed a Habeas Corpus petition against the father of Smt. Sarabjit Kaur with alleging that the father of Smt. Sarabjit Kaur was retaining her alongwith child Amlok Singh. Learned Counsel submitted that in the Habeas Corpus petition this Court had directed that Smt. Sarabjit Kaur and her infant child be produced in this Court but that has not been done so far. The second ground on which the proceedings Under Section 125 Cr.P.C. are sought to be quashed is that the application Under Section 125 Cr.P.C. was filed in the Family Court after filing of the Habeas Corpus petition as a counter be last and in these circumstances it is liable to be quashed.