J P JAIN Vs. SUNIL JAIN

JUDGEMENT

(1.) WITH the consent of parties matter is finally heard. Petitioner have filed this petition under section 482 Crpc is set aside the order dated 21. 11. 2008 passed by 3rd ASJ Gwalior in Criminal Revision No. 94/2008 confirming order dated 3. 11. 2007 passed by Additional Judicial Magistrate, Gwalior in criminal Case No. 13600/06 by which particulars of offence were stated to petitioners under Section 500 Indian Penal Code.

(2.) SUBJECT matter of petition is that respondent No1's brother Sandip Jain and petitioner No. 3 were husband and wife and in matrimonial case a decree of mutual divorce was granted in their favour under section 13b of Hindu Marriage Act. This court in MCrc No. 668/2007 by order dated 2. 4. 2007 quashed, proceeding concerning in criminal case No. 15625/2006 arising out of crime No. 70/2006 registered at police station Jhansi Road against respondent Sunil jain, Smt Babita Jain and three others in the basis of compromise between parties. Respondents complainant have filed a complaint under Section 499,500,504 IPC with mala fide intention against petitioners and which is registered as case No. 13600/2006 that case deserves to be quashed as all other matters have been already settled between parties.

(3.) IT is contended on behalf of the petitioners that complaint filed by respondents is based on reply filed by the petitioner No. 3 in divorce case in which allegations were made that Sandip Jain brother of respondent No. 1 and husband of petitioner No. 3 is having illicit relation with respondent No. 2 who is his Bhabi/respondent No. 1's wife. It is contended that as the divorce matter was compromised between parties all the averments and allegation made in reply of notice by petitioner No. 3 is condoned on basis of compromise between parties. It is further submitted that said reply was sent in a closed envelope which was not published at all, therefore, ingredient of Section 500 IPC is not attracted. It is further contended that the petitioners Nos. 1 and 2 have nothing to do with the. reply filed in matrimonial case by petitioner No, 3 and no case under Section 500 IPC is made out against them.