RAMJAN RAHEMAN TADVI Vs. SARLA RAMJAN TADVI

JUDGEMENT

(1.) Rule. Shri. S. P. Brahme, learned counsel waives service for respondent. By consent of the parties, Rule made returnable forthwith.

(2.) This petition under section 482 of the Code of Criminal Procedure is for quashing the proceedings of Regular Criminal case No. 492 of 2004.

(3.) Facts relevant for the purpose of deciding this petition are that, petitioner No. 1 married respondent about 20 to 22 years back atbhusawal. On 19-1-2004 an agreement was executed on a stamp paper under which the respondent is purported to have given permission to petitioner No. l for marrying a second wife. Subsequently the petitioner No. 1 married a second wife on 22-2-2004. After the second marriage there were disputes between petitioner No. 1 and respondent, who were living together for 22 years since their marriage. As a consequence of this dispute, respondent filed complaint with police. As no cognizance was taken she approached the court and filed Regular Criminal Case No. 492/ 2004 against the petitioners. On the basis of this complaint, learned 3rd Joint Judicial magistrate, First Class, Jalgaon issued process against Original Accused Nos. 1, 3, 4 and 5 in respect of offence punishable under section 498-A read with section 34 of the Indian Penal code. Process was issued against all accused in respect of offence punishable under sections 323 and 506 read with section 34 of the Indian penal Code. The process for offence punishable under section 420 of the Indian penal Code was issued only against petitioner no. 1. The petitioners have challenged the entire proceedings.