SHEETAL PRASAD GAUR Vs. BHAGWANDAS

JUDGEMENT

(1.) IT is a petition filed under Section 482 Cr. P. C. for quashing the proceedings instituted on the basis of complaint lodged by the non-applicant.

(2.) CONTENTION of the petitioners is that petitioner No. 3 was married to the non-applicant on 20. 5. 83 at Nagpur, according to Hindu rites. She resided with her husband at Durg till Feb. , 1990. No issue was born out of the said wedlock.

(3.) THE petitioner No. 3 was brought to Nagpur for her medical check up. She was medically examined by a Doctor Jaya Keswani and nothing wrong was found pertaining to her. After two years of the said examination the petitioner was also medically examined at Nagpur. Abnormality in his spermatoza was found and it was further found that there was testicular atrophy. The non-applicant did not receive the medical treatment prescribed for the said abnormality. The petitioner No. 3 filed a petition for granting a decree of divorce and a decree for dissolution of marriage was passed on 29. 4. 91. The petitioner also filed a petition under Section 125 Cr. P. C. against the non-application.