DEVENDRA VERMA Vs. NIDHI SHRIVASTAVA

JUDGEMENT

(1.) THE present petition of revision Under Section 397/401 of Criminal Procedure Code has been filed against the Order dated 18-11-1997 passed by IXth Additional Sessions Judge, Bhopal in Criminal Revision No. 81/97 reversing the Order dated 15-2-1997 in Criminal Case No. 129-A/97 passed by J. M. F. C. , Bhopal dismissing the complaint filed by the respondent, and directing registration of complaint against the petitioners for offences punishable Under Section 494 read with Sections 109 and 494 read with Section 114 of Indian Penal Code.

(2.) FACTS leading to the present petition are that complainant/ respondent Smt. Nidhi Shrivastava filed a complaint in the Court of J. M. F. C. , Bhopal for offences punishable Under Sections 494, 495, 496, 498-A and 120-B of Indian Penal Code. It was alleged by the complainant/respondent that she was married to accused Sanjay Shrivastava on 11-5-1993 at Patel Nagar Colony, Bhopal and thereafter lived with him. However, her relations with Sanjay Shrivastava became strained and he made her to execute a document purporting to be a document of divorce. Accused Sanjay Shrivastava thereafter filed an application for divorce Under Section 13 of the Hindu Marriage Act in the Court of Additional Sessions Judge, Bhopal. It was further alleged that Shri Sanjay Shrivastava performed his second marriage on 9-12-1996 with Smt. Asha Shrivastava at Village Banda, without obtaining a decree of divorce regarding his marriage with complainant/ respondent. It was also alleged that the petitioners who are close relatives of Sanjay Shrivastava were present in the second marriage performed by him.

(3.) THE learned Judicial Magistrate First Class in support of complaint during its enquiry Under Chapter XV of Criminal Procedure Code examined herself, her cousin Vipin Kumar and her father Shambu Prasad. The learned Judicial Magistrate First Class, Bhopal by Order dated 15-2-1997 though registered the complaint as against Sanjay Shrivastava and some other accused for offence Under Section 494/114 of Indian Penal Code but dismissed the complaint against the present petitioners.