(1.) Petitioner has filed this petition under Section 482 of Code of Criminal Procedure, 1973 for quashing the criminal proceeding pending before learned Judicial Magistrate First Class, Gwalior in Criminal Case No. 14648/08 whereby the cognizance for the offences punishable under Sections 498-A, 504, 493, 495 and 376 of IPC has been taken against the petitioner.
(2.) Brief facts of the case in narrow compass are that, respondent No. 2 (Smt. Kiran Khare) has made a written complaint alleging therein that her marriage was solemnized with the petitioner on 31-3-2007 and till 13-4-2007 they were residing at City Center Gwalior and during this period petitioner had made physical relation with the complainant-respondent No. 2. On 13-4-2007 petitioner went to Delhi for going to Dubai. When they were residing at Dubai, some documents were found in the bag of the petitioner thereby complainant came to know that the petitioner is already married person and he had 15 years old son. In the complaint, it is further alleged that the petitioner has committed cheating and suppressed the fact with regard to his earlier marriage. On 25-7-2007, the complainant was sent back to New Delhi and thereafter, she made a call to first wife of petitioner. It has been further alleged that the petitioner has threatened the complainant that if she told anything about it, he will kill her mother, father and brother. Thereafter, the complainant has filed an application before Superintendent of Police and Superintendent of Police, Gwalior ordered to register the case and thereafter, the FIR has been registered against the petitioner at crime No. 63/07 for the offences punishable under Sections 498-A, 504, 493, 495 and 376 of IPC at Gwalior and on filing the challan, criminal case bearing No. 14648/08 is pending in the Court of Judicial Magistrate First Class, Gwalior.
(3.) The charge-sheet has been filed before learned Judicial Magistrate First Class, showing the petitioner as absconding accused. Aggrieved by the criminal proceedings registered against the petitioner, this petition has been filed by the petitioner by invoking the inherent jurisdiction of this Court under Section 482 of Cr. P. C. for quashing the FIR and Criminal Case No. 14648/08 pending before learned Judicial Magistrate First Class, Gwalior, mainly on the following grounds: