SACHIN Vs. PALLAVI

JUDGEMENT

(1.) Rule. Rule made returnable forthwith by consent of the parties.

(2.) The petitioner is the original complainant who had filed a complaint in the Court of learned J.M.F.C., Rahuri. The petition is directed against the judgment and order passed by the learned Sessions Judge, Ahmednagar dtd. 2/5/2022 in Criminal Revision No. 61/2021. The learned Sessions Judge by way of impugned judgment and order quashed and set aside order passed by the learned J.M.F.C. issuing process.

(3.) The petitioner - complainant had filed a complaint bearing Criminal Miscellaneous Application No. 399/2018 against the respondents for the offences punishable under Ss. 340, 344 of the Code of Criminal Procedure (for short "Cr.P.C.") and Ss. 191, 193, 196, 199, 200, 181, 182 and 420 of the Indian Penal Code (for short "I.P.C."). In short it is the complaint of the petitioner that respondent No. 1 - his wife had lodged the proceeding under the Protection of Women from Domestic Violence Act (for short "Domestic Violence Act") bearing Criminal Miscellaneous Application No. 242/2013. The learned J.M.F.C. by judgment and order dtd. 7/10/2015 was pleased to allow the said application directing the present petitioner to pay an amount of Rs.4,000.00 (Rs. Four Thousand only) per month to respondent No. 1 and Rs. 500/- (Rs. Five Hundred only) per month to daughter towards maintenance. The petitioner and his parents were directed to pay an amount of Rs. 15,000/- (Rs. Fifteen Thousand only) towards compensation and Rs. 3,000/- (Rs. Three Thousand only) towards cost of the proceedings. The complainant later on came to know that in the proceedings under the Domestic Violence Act the respondent No. 1 had made a false statement that she is jobless and does not have any income source. Other factual incorrect statement is made that she belongs to Hindu religion when in fact, before the marriage she had converted to Christianity. It is further submitted that, by furnishing false information she has misled the Court in the judicial proceedings. The learned J.M.F.C. on recording the evidence was pleased to pass an order of issuance of process against the respondents for the offence punishable under Ss. 181, 182, 191 r/w Sec. 193 of the I.P.C. by order dtd. 24/3/2021.