ARJUNDAS ASWANI @ AJJU Vs. MADHURI

JUDGEMENT

(1.) Present petition has been preferred by accused husband seeking relief of quashment of complaint case No. 1427/2006 pending in the Court of JMFC, Satna under Section 494, IPC initiated on the basis of complaint of respondent/wife. According to contents of present petition and complaint dated 2.3.2006 (Annexure A-4) filed by the respondent/wife in the Court of JMFC, facts of the case, in short, are that 11 years prior to the date of complaint Arjundas (petitioner) and Madhuri (respondent) married to each other. After marriage, for about 5-6 years, they lived together and begotten a baby child. On 15.7.2002, petitioner filed a divorce petition under Section 13 of Hindu Marriage Act. Vide order dated 5.11.2003 (Annexure A-2) in Miscellaneous Case No. 34A/2002 Family Court, Rewa dissolved the marriage and granted divorce to the petitioner.

(2.) On the basis of report of respondent/wife a criminal case under Section 498A, IPC was registered against the petitioner. Vide judgment dated 31.8.2004 passed by JMFC, Satna in Criminal Case No. 670/2003, petitioner was convicted under Section 498A, IPC and sentenced to one year R.I. However, vide judgment dated 6.10.2004 (Annexure A-I) of First Additional Sessions Judge, Satna passed in Criminal Appeal No. 152/2004, conviction and sentence of petitioner was set aside and petitioner was acquitted of the charges.

(3.) In aforesaid background, respondent preferred complaint stating that decree of divorce sought by the petitioner is under challenge in first appeal in the High Court even then on 19.1.2006 petitioner married with one lady Ranjana Bai and committed offence of bigamy under Section 494, IPC.