MAHESH KUMAR AND OTHERS Vs. SMT. PRAMILA

JUDGEMENT

(1.) This application has been filed by the applicants under Sec. 482 of the CrPC for quashing the criminal proceedings of MJC No.260/2016 pending before the Court of leaned JMFC Bina, District Sagar for the offence punishable under Sec. 12 of the Protection of Women from Domestic Violence Act, 2005.

(2.) It is not in dispute that the applicant No.1 and the respondent are legally wedded husband and wife. Their relationship is still in existence. It is also not in dispute that their marriage was solemnized on 19/5/2011 and upto 28/5/2011, the respondent was resided at her matrimonial house. Thereafter, she is residing with her parents without any assistance of her husband/applicant No.1.

(3.) In the present case, the respondent lost her right to receive the maintenance allowance under Sec. 125 of the CrPC as vide order dtd. 25/4/2016 passed by ASJ, Bina in Criminal Revision No.107/2015 (Annexure A-5).