PUTTAN Vs. DHA DEVI

JUDGEMENT

(1.) This is an application under Sec. 482 Crimial P.C. praying for quashing of the order passed by the Metropolitan Magistrate, Anwarganj, Kanpur rejecting the application moved by the applicant dated 3-8-1981 in which a prayer had been made that the proceedings under Sec. 125 Cr. P.C. initiated by the opposite party were not maintainable.

(2.) Brief facts for the purposes of deciding the present application are that an application under Sec. 125 Cr. P.C. was moved by the opposite party, who is admittedly the wife of the applicant. Those proceedings were dropped in view of an alleged compromise which had been entered into bet- ween the applicant and the opposite party. The opposite party again filed an application under Sec. 125 Crimial P.C. and in this application a preliminary objection was raised by the applicant that the application was not maintainable as an earlier application had been decided in terms of the compromise arrived to between the parties. The aforesaid preliminary objection was rejected by a speaking order on 11-2-1980 (contained in Annexure-9 to the application). It appears that thereafter the court below framed the following issue :

(3.) The trial court was proceeding to decide the aforesaid issue after taking evidence of the parties. At this stage the applicant again moved an application for deciding the question as to whether the application was maintainable on the principles of res-judicator. The Court below under the impugned order dated 28.8-81 rejected the prayer made by the applicant and has decided to proceed with the application under Sec. 125 Cr. P.C. on merits. Learned counsel for the applicant in this application has alleged that in view of the compromise which admittedly had been arrived to between the parties, there was absolutely no question of entertaining another application under Sec. 125 Crimial P.C. as under the compromise the opposite party was not entitled to any maintenance.