JOSEPH MASI Vs. MITHLESH CHOUBE

JUDGEMENT

(1.) The petitioner has filed this petition under Section 482 of the Code of Criminal Procedure seeking quashment of the proceedings of the criminal case no. 2559/2009 under Section 500 of the IPC pending in the court of learned Judicial Magistrate First Class, Sagar (Presided over by Shri Manish Lovanshi).

(2.) Brief facts of the case are that the respondent / complainant is a government doctor in the District Hospital, Sagar, under whom, the wife of the applicant-accused was working as a Nurse and between the respondent and the wife of the applicant-accused illicit relationship was developed, due to which, a complaint was filed by the applicant -accused against the respondent for commission of offence under Section 497 of the IPC before the court of learned Chief Judicial Magistrate, Sagar which was registered as criminal case no. 211/2009 and after taking cognizance of the offence, further proceeding is going on against the respondent. After that, as a counter blast to the criminal case got registered by the applicant against the respondent, the respondent has also filed a complaint against the applicant-accused on 12.6.2009 for commission of offence under Section 500 of the IPC on the ground that the applicant-accused has lodged a false and vague report against the respondent at the police and other Administrative authorities alleging that the respondent had developed illicit relationship with the wife of the applicantaccused and thereby, the applicant-accused had defamed the respondent. Apart from it, the applicant-accused had also disclosed the same facts to the persons at the public place viz Hotel, Teashop and Betel Shop in order to harm the reputation of the respondent. On the aforesaid complaint filed by the respondent, learned J.M.F.C., Sagar has taken cognizance against the applicant-accused and now, the applicant-accused is facing trial.

(3.) It is contended on behalf of the applicant-accused that the proceeding pending against the applicant-accused under Section 500 of IPC is bad in law and abuse of process of court of law. The said proceeding has been initiated against the applicant-accused on account of the complaint filed by him against the respondent under section 497 of IPC for having illicit relation with the applicant-accused's wife. Before final decision of the aforesaid case filed by the applicant-accused, the respondent has no locus-standi to file criminal complaint against the applicant-accused under Section 500 of IPC. Apart from it, no case under Section 500 IPC is made out against the applicant-accused and the proceeding is malice and abuse of process of court of law, therefore, the same is liable to be quashed.