KRISHNA DINKAR KADAM Vs. SUNITA KRISHNA KADAM

JUDGEMENT

(1.) HEARD the learned counsel for the petitioners. None appears for the first Respondent though notice is served. Heard learned A.P.P for State of Maharashtra.

(2.) THE first Respondent filed a private complaint against the petitioners and the second respondent in the court of Judicial Magistrate (First Class) at Vashi alleging commission of offence under section 494 read with section 109 of the Indian Penal Code. Process was issued on the said complaint by the learned Magistrate. The present petition has been filed invoking Article 227 of Constitution of India read with section 482 of the Code of Criminal Procedure, 1973 for quashing the complaint filed by the first Respondent.

(3.) I have considered the submissions. I have also perused the documents annexed to the petition. There is no reply filed by the first Respondent. It is not in dispute that the first Petitioner married to the first Respondent on 21st May 1995. Admittedly the first Petitioner filed a petition for divorce being Petition No.A/43 of 1999 before the Family Court at Bombay.