SUNIL KUMAR GUPTA Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the petitioners; Sri Manoj Mishra, learned counsel for respondent No. 3 and learned A.G.A.

(2.) This writ petition has been filed for quashing of criminal proceeding in Criminal Case No. 611 of 1997, P.S. Sisamau, under Section 494 I.P.C. (State v. Sunil Kumar and others) pending in the Court of Vlllth Metropolitan Magistrate, Kanpur Nagar and also the order dated 5.11.1998 passed by M.M. Vlllth, Kanpur Nagar and the revisional Court order dated 18.8.1999 passed by 16th Additional Session Judge, Kanpur Nagar dismissing the criminal revision against the petitioners.

(3.) Learned counsel for the petitioners contends that cognizance was taken in this case on an F.I.R. under Section 494 I.P.C., whereas in view of Section 198 Cr.P.C. without a complaint filed by the aggrieved or by the father or mother of respondent No. 3, cognizance was barred. It is further contended that applicant No. 1 Sunil Kumar Gupta had already obtained a decree of divorce against respondent No. 3 even though it was by an ex parte order. In view of a decision of Krishna Gopal Diwedi v. Prabha Diwedi, 2002(1) SCC page 216 that even where divorce has been obtained by an ex parte order, no prosecution under Section 494 I.P.C. can be launched.