KAMLESH Vs. GULSHAN KUMAR

JUDGEMENT

(1.) Petitioner has filed this petition under Section 482 of the Code of Criminal Procedure, 1973 ('Cr.P.C.' for short) seeking quashing of complaint No. 5-1 of 2012 dated 13.01.2012 under Sections 420, 403, 406, 427, 120-B of the Indian Penal Code, 1860 ('IPC' for short) (Annexure P5) as well as summoning order dated 18.1.2012 (Annexure P6) and all consequential proceedings arising therefrom.

(2.) Learned counsel for the petitioner has submitted that no offence could be said to have been committed by the petitioner constituting offence punishable under Section 403 IPC . Petitioner was not a party to the compromise effected between the respondent and his wife.

(3.) Learned counsel for the respondent, on the other hand, has opposed the petition and has submitted that the respondent had paid Rs. 75,000/- for the upbringing and education of his minor daughter as one time settlement to his wife Seema. However, the said amount had been dishonestly misappropriated by the accused in collusion with each other. Now the petitioner had filed an application seeking maintenance on behalf of minor child under Section 125 Cr.P.C.