BHARTI RAMAN PANDEY Vs. PREETI PANDEY

JUDGEMENT

(1.) This petition under Sec. 482 of Cr.P.C. has been filed seeking quashment of the proceedings filed under Sec. 12 of Protection of Women from Domestic Violence Act, 2005 (for short, hereinafter referred to as the "Act of 2005") against the petitioners registered as MJC No.4508/2018 in the Court of JMFC, Bhopal.

(2.) As per the averments made in the petition, petitioner No.1 filed an application for dissolution of the marriage under Sec. 13 of Hindu Marriage Act before the Family Court Motihari, District East Champaran (Bihar). Criminal case No.111/2016 was registered and after recording of evidence of the parties marriage between petitioner No.1 and non-applicant was dissolved by order dtd. 7/2/2019. Petitioner No.1 has remarried and has a child out of second wedlock. The non-applicant in order to harass the petitioner and family members with a malicious intention filed a false complaint against them in Mahila Thana Bhopal. An F.I.R.No.73/2018 under Sec. 498-A read with Sec. 34 of IPC and Sec. 3/4 of the Dowry Prohibition Act 1961 was registered. The registration of criminal case was challenged before this Court in M.Cr.C.No.45190/2018 and this Court stayed the criminal proceedings by order dtd. 15/11/2018.

(3.) It is contended that non-applicant wife has moved an application under Sec. 12 of the Act 2005 with the same allegations as mentioned in the FIR.