KACHRULAL ASHOKKUMAR KOKNEY Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard. Rule. Rule made returnable forthwith. Heard finally by consent of the learned Counsel for both sides.

(2.) By the present Application, the Applicant is seeking quashment of Regular Criminal Case No. 106/2022 pending on the file of Judicial Magistrate First Class, Dhamangaon (Rly), District Amravati arising out of Crime No. 416/2021 registered with Police Station, Dattapur, District Amravati (Rural) for the offence punishable under Sec. 498-A of Indian Penal Code.

(3.) It is the submission of Applicant in the present Application that the Non-applicant No.2/wife has filed the divorce petition bearing HMP No. 266/2020 on 16/12/2020. The present Applicant resisted the said divorce Petition by filing written statement on 3/9/2021. As a result, present complaint is filed with an oblique motive against him. It is further alleged that admittedly as stated in the divorce petition, the Non-applicant No.2 has left the company of Applicant on 21/8/2016 and the present complaint is filed on 8/12/2021, and therefore, same is barred by limitation as per Sec. 468 of the Code of Criminal Procedure on merit, it is the submission of the present Applicant that allegations, which are levelled against the Applicants at its face value do not attract the offence under Sec. 498-A of IPC, and therefore, entire proceeding pending against them deserves to be quashed and set aside.