AJAY SHARMA Vs. ARCHANA SHARMA AND ORS

JUDGEMENT

(1.) This appeal under Section 341 of Cr.P.C. has been filed against the order dated 6.1.2017 passed by Principal Judge, Family Court, Gwalior, by which the application filed by the appellant against the respondent for offence under Sections 340 and 195 of Cr.P.C. has been rejected.

(2.) The facts necessary for the adjudication of the present appeal in short are that a petition under Section 125 of Cr.P.C. was filed by the respondent No.1 against the appellant for grant of maintenance. The undisputed fact is that the parties are the husband and wife. The said petition filed under Section 125 of Cr.P.C. was allowed by the Trial Court and certain maintenance amount was awarded.

(3.) It is submitted by the counsel for the appellant that during the pendency of the proceedings under Section 125 of Cr.P.C., he had filed an application under Section 340 r/w Section 195 of Cr.P.C. on the ground that the respondent is working but she has still given a false affidavit showing herself to be unemployed. It is submitted that the said application was kept pending with a direction that the application shall be decided at the time of final hearing. However, while passing the final order under Section 125 of Cr.P.C. no reference was made to the application filed by the appellant under Sections 340 and 195 of Cr.P.C. Thus, a separate application was filed, which has been dismissed by the Trial Court by order dated 6.1.2017.