BHARTI GUPTA Vs. VISHNU GUPTA AND ORS.

JUDGEMENT

(1.) THIS appeal under Section 341 of Cr.P.C. has been filed by the appellant aggrieved by the order dated 09.07.2014 passed in Case No. 343 -A/2013 by the Principal Judge, Family Court, Gwalior, in which the learned Principal Judge refused to take action against the respondent No. 1 under Section 340 read with Section 195 of Cr.P.C.

(2.) BRIEF facts of the case are, the appellant is the wife of respondent No. 1. Respondent No. 2 is the father of respondent No. 1. In the Family Court, Gwalior, Case No. 12/2011 has been filed by the respondent No. 1 under Section 13 -A of Hindu Marriage Act, 1955. Respondent No. 2 filed an application under Order 32 Rule 4 read with Section 151 of CPC to declare him as the guardian of his son respondent No. 1, claiming that the respondent No. 1's statement has been recorded in the case and the appellant's examination -in -chief has been recorded but her cross -examination was to be conducted. Meanwhile, his son lost his mental balance, therefore, he was under treatment in Mental Hospital, Gwalior. In this background, the respondent No. 2 (father of the respondent No. 1) be appointed as his legal guardian at litum of husband respondent No. 1, to proceed with the case. An affidavit has also been filed in support of this application by respondent No. 2 Omprakash. Some how MJC No. 12/2011 was dismissed.

(3.) SUBSEQUENTLY , consent was withdrawn by the appellant/wife and an application was moved under Section 340 read with Section 195 of Cr.P.C. to proceed against the husband/ respondent No. 1 alleging that her consent has been obtained by fraud and three lacs rupees received by her was spent for her treatment for she had suffered an injury in an accident. When she receives the claim compensation, she will deposit the same in the Court. Appellant/wife claimed to withdraw her consent and requested the Family Court to proceed against the husband/respondent No. 1.