PRAKASH SAHU Vs. KAVITA

JUDGEMENT

(1.) THIS is a petition filed by the petitioner husband under section 482 of Cr.P.C aggrieved by the order dated 15th of February, 2010 passed in Criminal Revision no. 168/2009 by the second Additional Sessions Judge, Dewas whereby the second Additional Sessions Judge confirmed the order dated 04th of November, 2009 passed in Criminal Case no. 3349/2008 arising out of an application under section 468 of Cr.P.C. Vide the impugned judgment, the Additional Sessions Judge upheld the view taken by the Court of Metropolitan Magistrate that the complaint filed by the respondent against the petitioner under section 406 of IPC was within limitation and was not barred by limitation as was pleaded by the petitioner by moving an application under section 468 of Cr.P.C.

(2.) BRIEF facts giving rise to the filing of this petition are that the petitioner was married with respondent Kavita according to Hindu Rites on 08th of July, 2003. On account of dispute which arose between the parties, they decided to take divorce which was granted on 06th of April, 2007. Respondent / wife also filed a complaint against the petitioner under section 498 -A of IPC wherein the petitioner was convicted, but later on, after making payment of Rs.50,000/ - to the respondent as lumpsum amount before the Hon'ble High Court, proceedings under section 498 -A of IPC were quashed without disturbing the other pending proceedings which included the complaint filed by the respondent under section 406 of IPC.

(3.) RESPONDENT / wife had filed a separate complaint under section 406 of IPC alleging criminal breach of trust against the petitioner on account of non -return of Streedhan given to her at the time of marriage. Complaint was filed on 29th of August, 2008 at Dewas. It may be observed here that prior to that, the respondent had also filed a similar complaint in the court at Indore on 10th of September, 2007 and the said complaint vide order dated 22nd January, 2008 was dismissed holding that cause of action arose at Dewas. Against the said order, criminal revision was also preferred by the respondent which was dismissed and finally a petition under section 482 of Cr.P.C was filed before this Court which was also dismissed confirming the order of the Trial Court.