K ANJAIAH GOUD Vs. STATE OF A P

JUDGEMENT

(1.) THIS Criminal Petition is filed under Section 482 Cr. P. C. to quash the order dated 29-10-2008 passed in Crl. R. P. No. 38 of 2008 on the file of the IVth Additional District and sessions Judge (FTC), Mahabubnagar, wherein the order under M. C. No. 7 of 2007, dated 20-6-2008, on the file of the Judicial magistrate of First Class at Kodangal, was set aside.

(2.) FOR better appreciation of facts, the parties are referred to as they are arrayed in M. C. No. 7 of 2007.

(3.) THE brief facts that are necessary for disposal of the present petition are as follows: the petitioner, who is the respondent herein, filed a petition under Section 125 Cr. P. C. stating that she is legally wedded wife of the respondent and their marriage took place about 25 years back. After the marriage, they lived happily fora period of 5years. Thereafter, the respondent started ill treating and harassing the petitioner and that the respondent used to beat the petitioner without any cause and he forced her to leave the company. Later, she filed a petition before the Subordinate Court under Hindu Marriage Act for reconciliation. The petitioneragreed to join with the respondent, but again the respondent used to beat her and driven out from the house. Further, the respondent marriage another woman while subsisting first marriage and living with his 2nd wife and that the respondent is doing business having a flour mill and getting Rs. 10,000/- per month and that the petitioner was unable to maintain herself. Hence, the present petition.