MADHURI MUKUND CHITNIS Vs. MUKUND MARTAND CHITNIS

JUDGEMENT

(1.) THE original complainant in Criminal Cases Nos. 1031/86 and 695/85 on the file of the J. M. F. C. Court No. 4, Pune, has preferred these two appeals to challenge the order of acquittal passed in favour of respondent No. 1.

(2.) BRIEFLY stated that the facts giving rise to these two appeals are as under :-The complainant is the divorced wife of the respondent No. 1 - the original accused. Their marriage took place on 15-7-1983. But the marriage somehow was not successful and the complainant-wife, it appears, was thrown out of the house by the husband on 6-10-1283. Several civil as well as criminal cases were lodged against each other. The present respondent No. 1 also filed Criminal Case No. 494/83 against the present appellant and her maternal uncle and brother alleging that they had committed the offences of cheating and theft. In the complaint filed by the present respondent No. 1, it was alleged in para 4 of the complaint as under :-

(3.) IN the Criminal Case No. 695 of 1985 she claimed that the respondent No. 1 had also filed Misc. Application No. 247/83 on 31-10-1983 for issue of search warrant under S. 93 of the Code of Criminal Procedure for seizure of her ornaments consisting of Mangalsutra, wedding ring, earring, two gold bangles and one laffa etc. She also claimed that in the said miscellaneous application he made allegations of theft and that it was also contended that if no search warrant was issued, she was likely to leave Pune and thereby the ornaments would be lost. The present appellant therefore in the second case alleged that by making these allegations in the said miscellaneous application, the present respondent No. 1 had again indulged in defaming her and therefore he should be punished for the same under S. 500 of the Indian Penal Code.