VIJAY SOLANKI Vs. STATE OF M.P.

JUDGEMENT

(1.) This petition Under Sec. 482 of the Code of Criminal Procedure, 1973 has been filed by the applicants seeking quashment of a criminal case registered against them vide Crime No. 8242/2009 for offences under Sec. 498A and Sec. 34 of Penal Code and pending in the Court of Judicial Magistrate, First Class at Jabalpur.

(2.) Applicant No. 1 is the father of applicant No. 2 and applicant No. 3 is the mother of applicant No. 2. Applicant No. 2 and non-applicant No. 2 are Advocates registered with the Bar Council of Madhya Pradesh and are practising lawyers in Jabalpur.

(3.) They were married to each other in accordance to the Hindu religious rights and customs on 28.4.2011 and it is the case of the applicants herein that the marital life of the parties were not smooth and making allegations against the non-applicant No. 2 to the effect that she wanted to live separately and was insisting that applicant No. 2 stay away from his parents, was creating all sorts of problem in married life and finally it is said that she left the house of the applicants on 20th Aug., 2007 and started living separately. Repeated efforts made by the applicants having failed it is stated that the applicant No. 2 filed an application under Sec. 9 of the Hindu Marriage Act for restitution of conjugal rights vide Annexure A/1 on 4.10.2008. It is said that on receipt of the summons with regard to the aforesaid case, non-applicant No. 2 filed a police complaint under the Protection of Women from Domestic Violence Act vide Annexure A/2 and a FIR with the Police Station vide Annexure A/3 on 16.6.2009 for offences under Sections 498A and 34 of Penal Code and police after investigation into the FIR having filed the challan vide Annexure A/4 in the Court of competent jurisdiction on 24.6.2009, this application has been filed for quashing the criminal proceedings registered under Sections 498A/34, Penal Code and pending in the Court of Judicial Magistrate First Class.