NITIN SHIVHARE Vs. SMT. ANJALI SHIVHARE & ANR.

JUDGEMENT

(1.) This application under Section 482 of Cr.P.C. has been filed for quashing the F.I.R. registered at Crime No.592/2012 at police station Inderganj, Lashkar, Gwalior for offence under Section 420 , 465 , 467 , 468 , 471 of I.P.C. as well as order dated 30-12-2012 passed by J.M.F.C. Gwalior in unregistered Criminal Complaint No.of 2012 by which an order under Section 156(3) of Cr.P.C. has been passed directing the police to register the F.I.R.

(2.) The necessary facts for the disposal of the present application in short are that the respondent no.1 and the applicant are the husband and wife. The respondent no.1 filed a criminal complaint against the applicant and one Rai Singh Kushwaha, Advocate, for offence under Section 420 , 465 , 467 , 468 , 471 and 120-B of I.P.C. According to the applicant, the marriage of the applicant and the respondent no.1 took place on 11-2-2008 and one girl child was born out of the wedlock on 20-3-2009. On 14-6-2010, the respondent no.1 left her matrimonial house and from thereafter she is residing separately. Number of litigations have taken place between the parties. A complaint was filed by the respondent no.1 on the allegation that the applicant has filed a petition under Section 13 of Hindu Marriage Act in the Family Court, Gwalior which is pending. The respondent no.1 had neither engaged Shri Rai Singh Kushwaha as her Counsel nor had ever authorized him to give any notice on her behalf to anybody. The applicant, knowing fully well that the accused no.2 Rai Singh Kushwaha was never engaged by the respondent no.1, prepared a forged notice in which certain indecent allegations including the illicit relations of the applicant with his mother, maid servant and sister were made. The said notice was filed by the applicant in different legal proceedings before different Courts pending between the parties. Thus the complaint was filed alleging that a forged notice has been prepared and has been filed by the applicant in different legal proceedings.

(3.) The Trial Court by order dated 30-12-2012, passed an order under Section 156(3) of Cr.P.C. and accordingly, the police has registered the F.I.R. in crime no. 592/2012.