PUSHPALATA Vs. SHALIGRAM AND ANOTHER

JUDGEMENT

(1.) By this petition under section 482 of the Code of Criminal Procedure, the petitioner seeks to invoke the inherit powers of this Court to quash the proceedings initiated by her husband-respondent No. 1, under section 97 of Code Criminal Procedure before Judicial Magistrate, First Class, 5th Court, Akola. Brief facts leading to the present petition may be stated as follows:-

(2.) The petitioner has further placed some facts on record which go to show that because of the intervention of common friends and relatives, a re-conciliation between the husband and wife was attempted and accordingly in the year 1981, the petitioner wife went to reside with her husband-respondent no. 1. She, however, did not go with her second child-Anil who continues to be at Bombay with Doraswamy. This attempt of reconciliation, however, proved futile according to the petitioner and about a couple of months thereafter, she was again required to return to Bombay.

(3.) The material portion in the petition with which we are concerned is as follows: