SUBHASH CHAUHAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) This application u/s. 482 Cr.P.C., has been filed by the petitioner seeking quashment of judgment dated 30.01.2013, passed by the learned CJM, Bongaigaon in Misc. Case No. 41/2009 enhancing the maintenance allowance of petitioner from Rs. 400/- to Rs. 2500/- per month which was made payable w.e.f., 01.01.2012 as well as the judgment dated 24.03.2014 passed by the learned Addl. Sessions Judge (FTC), Bongaingaon affirming the judgment rendered by learned CJM in Misc. Case No. 41/2009. Heard Mr. N. Uddin, learned counsel for the petitioner and also heard Mr. B.J. Dutta, learned Addl. P.P., Assam.

(2.) With the consent of the parties, I propose to dispose of the matter at the stage of admissions itself.

(3.) The facts necessary for disposal of the present proceeding in brief are that the parties in Misc. Case No. 41/2009 are husband and wife. However, they fell apart sometime after their marriage for which the first party/wife withdrew herself from the society of her husband and had filed a proceeding u/s. 125 Cr.P.C., seeking maintenance allowance from her husband Mr. Subhash Chauhan, 2nd party in Misc. Case No. 41/2009. In course of time, the 2nd party/husband entered appearance and having filed written statement contested the proceeding. Thereafter, the parties have adduced their evidence.