SANGEETA GUPTA Vs. RAJEEV GUPTA

JUDGEMENT

(1.) The present petition has been filed under section 482 Cr.P.C. by the petitioner for quashing of criminal proceedings arising out of complaint No. 203 dated 14.12.2017, titled, Rajeev Gupta vs Sangeeta Gupta filed under section 500 RPC and order dated 14.12.2017 by virtue of which the court of learned Sub Judge Mobile Magistrate (Electricity) Jammu has taken the cognizance and process has been initiated against the petitioner.

(2.) The brief facts necessary for the disposal of the present petition are that the petitioner and the respondent are the wife and husband respectively whose marriage was solemnized in the year, 2002 and due to marital discord, the litigation ensued between them. The petitioner had filed the petition under section 488 Cr.P.C. on 15.12.2009 and after the service of the said petition, the respondent had filed the objections to the said petition on 01.07.2010. In paragraph 9 of the petition under section 488 Cr.P.C., the petitioner stated as under:

(3.) The respondent aggrieved of the aforesaid allegation leveled by the petitioner, which as per the respondent was false, filed a complaint dated 14.12.2017 under section 500 RPC against the petitioner and the learned trial court vide order dated 14.12.2007, took the cognizance and issued the process against the petitioner.