UMESH SINGH TOMAR Vs. PREMLATA TOMAR

JUDGEMENT

(1.) WITH the consent of both the parties, the final arguments were heard at the motion stage.

(2.) PETITIONER has filed this petition under Section 482 of the Cr.P.C. for quashing the order dated 29.8.2011 passed by CJM, Bhind whereby, cognizance under Section 498A and 506B of IPC was taken against the petitioner on the criminal complaint filed by the respondent against the petitioner -accused being husband of the complainant.

(3.) LEARNED counsel for the petitioner submits that the allegations made in the complaint are totally false and baseless as the petitioner and the respondent both have been living separately since 10.3.2009 till they last resided together at Indore. Counsel further submits that the petitioner is in government job and is presently, posted at Jhabua as ADPO whereas, respondent has been living in Bhind since 10.3.009. In these circumstances, it was not possible for the petitioner to harass or treat her with cruelty in any manner. The counsel further submits that when the petition jointly filed by both the parties was dismissed by the Family Court, Indore owing to non appearance of the parties and petitioner again filed an application for divorce under section 13 of the Hindu Marriage Act at Family Court Indore and notice was received by the respondent, thereafter, the respondent/complainant improperly filed a criminal complaint before the CJM, Bhind with the false allegations. There was no prima facie evidence against the petitioner and co -accused for taking cognizance under section 498A of IPC. As per the allegations, no alleged cruelty was committed by the petitioner after 2009 as since than, she has been living at Bhind. Learned counsel further argued that the petitioner and respondent both again moved an application jointly for divorce which was allowed vide order dated 28.4.2014 whereby, a sum of Rs. 9 lacs was given to the respondent which indicates that no dispute subsists between the parties. On the aforesaid grounds, the counsel has prayed for quashing the impugned order.