AADITYA GODHA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard finally, with the consent of the parties.

(2.) This petition has been filed by the petitioners under Sec. 482 of Cr.P.C. for quashing the FIR and the subsequent proceedings arising out of the Crime No.233 of 2021 dtd. 7/12/2021, under Ss. 498-A, 323, 506 and 34 of IPC registered at Police Station - Mahila Thana, District - Indore.

(3.) In brief, the facts of the case are that the aforesaid FIR was lodged by the complainant/respondent No.2 Rishika Godha, whose marriage was solemnized with the petitioner No.1 on 21/5/2013. According to the petitioners, after the marriage, the respondent No.2 wife resided with the petitioner No.1 at Delhi till 2015, and thereafter she went back to her parents' house at Khargone and has been residing there only since then. A legal notice dtd. 29/5/2017, was also served by the respondent no.2 on the petitioner No.1 for restitution of conjugal rights, and its reply was also sent by the petitioner No.1 on 3/9/2017. On 11/6/2020, the petitioner No.1 filed an application under Sec. 13 of Hindu Marriage Act for divorce, and subsequently, the decree of divorce has also been passed in favour of the petitioner No.1 vide judgement and decree dtd. 5/9/2023.