RAJPAL Vs. STATE OF U P

JUDGEMENT

(1.) R. K. Rastogi, J. This is an application under Section 482 Cr. P. C. for quashing the proceedings of Criminal Case No. 201 of 2002 (Smt. Heero Devi v. Rajpal) under Section 125 Cr. P. C pending in the Court of Family Judge, Meerut.

(2.) THE facts relevant for disposal of this application are that the complainant opposite party. Smt. Heero Devi filed an application under Section 125 Cr. P. C. against applicant Rajpal, with this allegation that her marriage had taken place with Rajpal about thirty years ago and after the marriage she started to reside at her husband's house and was performing her marital obligations. Rajpal properly behaved with her for some time and thereafter he used to neglect her and she has been ill for along, time, but Rajpal was not making any arrangement for her treatment, nor he provided food to her. He had beat her several primes and tried to force her to leave his house. Three issues were born to her out of this wedlock but due to negligence. Rajpal and for want of proper treatment all those issues died, and instead of giving any assistance to her, Rajpal wants to get rid of her. He is employed on the post of Principal of a primary school, situate at Dudhali near Chhota Mawana tehsil Mawana district, Meerut, and he is earning Rs. 12,000/- per month as salary. He was spending entire amount on the families of his two younger, brothers, though those families were well settled and did not require any assistance from Rajpal. THE applicant is earning her livelihood by doing labour work in the fields of others but after falling ill she became unable to do labour work and she has been 'skill for several years and is suffering from the disease of liver, but Rajpal is not maintaining her nor providing any medical assistance to her. Previously her brothers Mathura Prasad and Virendra Singh Verma were providing assistance to her, but in now they too are unable to provide any assistance to her, and when she asked Rajpal to provide food and clothes to her, he " stated that he has no money for her. Rajpal is also doing business of money lending and is earning Rs. 6000/- per month. He has also got a plot of 100 Sq. Yards in the area of Nagar Nigam Meerut worth Rs. One lac. She, therefore, prayed for Rs. 5000/- per month as maintenance from him.

(3.) HEARD learned Counsel for the applicant and learned A. G. A. State and perused the papers on record.