JYOTI Vs. SUMAN

JUDGEMENT

(1.) PARTIES through their counsel.

(2.) THE present petition has been filed under Section 482 of the Code of Criminal Procedure for quashment of M.Cr.C. No. 307/2014 pending before the Additional Chief Judicial Magistrate, Dewas.

(3.) IT has been argued before this court that the marriage took place on 06/05/2009 and a child was born on 06/02/2011. Thereafter, the wife is not residing with the husband and therefore, an application was preferred under Section 9 of the Hindu Marriage Act for restitution of conjugal rights. The same was allowed. A judgment and decree was passed on 30/11/2012. Inspite of the aforesaid judgment and decree, as the wife was not residing with the husband, a divorce petition was filed under Section 13 of the Hindu Marriage Act, however, the same was dismissed on 13/01/2014. FIR was also lodged on 17/10/2011 for offences punishable under Section 498A and 506 of I.P.C. and the present petitioners came up before this court by filing a petition under Section 482 of Code of Criminal Procedure and this court by an order dated 24/07/2014 passed in M.Cr.C. No. 715/2013 has quashed the FIR and subsequent proceedings. The present complaint has been filed on 23/12/2014, meaning thereby after the FIR was quashed by this court in respect of offences punishable under Section 498A and 506 of the IPC. It has also been brought to the notice of this court that a petition was also preferred under Section 125 of the Code of Criminal Procedure and the court has granted maintenance to the tune of Rs. 4000/ - per month by an order dated 22/08/2014.