KRASHAN KUMAR AGRAWAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Since both the above petitions have been filed to quash the proceedings pending in the Court of JMFC, Tikamgarh in Criminal Case No.343/05 for alleged offence punishable under Sections 406,494,209,211,420, 506 and 120-B of IPC, hence they are being decided by this common order.

(2.) Brief facts, necessary for adjudication of this matter are that Mukta Agrawal alias Guddi (petitioner no.2 of M.Cr.C.No.2288/07) was married to respondent no.2 Nirmal Lohiya on 11.02.2001 according to Hindu rites at Chhatarpur and she came to reside with respondent no.2 at Tikamgarh. From the first night of marriage, respondent no.2 and his family members started misbehaving, harassing and torturing her and demand of dowry was made. So, she left the company of respondent no.2 and went back to Chhatarpur. She made a complaint at PS-City Kotwali, District-Chhatarpur against respondent no.2 and his family members and police registered offence punishable under Sections 498-A/34 of IPC and Section 3/4 of Dowry Prohibition Act and filed the Challan ,Criminal Case No.152/2003 is pending at Chhatarpur. Thereafter Mukta Agrawal filed a suit for divorce under Hindu Marriage Act and she was granted divorce on 24.3.03 by a competent Court of Chhatarpur and she entered into the second marriage with petitioner Krashan Kumar Agarwal on 11.05.03. Thereafter respondent no.2 Nirmal Lohiya filed a complaint case against the petitioners, statements were recorded and only against petitioner Smt. Mukta Agarwal case under Section 406 of IPC was registered by JMFC, Tikamgarh against which respondent no.2 filed a Criminal Revision in the Court of Sessions which directed to record additional statements under Section 202 of Cr.P.C. and thereafter, after examining the witnesses JMFC, Tikamgarh registered the aforesaid complaint case for alleged offence punishable under Sections 406,494,209,211,420, 506 and 120-B of IPC against which these petition have been filed under Section 482 of Cr.P.C.to quash the proceedings pending in the Court of JMFC, Tikamgarh in Criminal Case No.343/05. It is an admitted fact that petitioner Mukta Agarwal has remarried with petitioner Krashan Kumar Agarwal and she is residing with him and proceedings of Criminal Case No.343/05 have been stayed by this Court from 7.3.07 in M.Cr.C.1790/07. The present petitions have been filed on the following grounds :-

(3.) I have heard learned counsel for the parties and perused the relevant documents.