SUSHIL KUMAR Vs. CHERRY GUPTA

JUDGEMENT

(1.) The present petition has been filed by the petitioner under sec. 561-A Cr.P.C. (now 482 Cr.P.C.) for quashing petition under sec. 488 Cr.P.C titled, Cherry Gupta vs. Sushil Gupta pending before learned Sub Judge, Special Mobile Magistrate, Passenger Tax, Jammu (hereinafter to be referred as the trial court) and also for quashing of summoning order dtd. 21/8/2014 and interim order dtd. 6/4/2016, whereby interim maintenance of Rs.3,000.00 per month was granted to respondent.

(2.) Brief facts of the case are that the respondent had filed a petition under sec. 488 Cr.P.C along with an application for interim maintenance against the petitioner before the Court of Chief Judicial Magistrate, Jammu, who transferred the same on the same date i.e. 24/8/2011 to the Court of 2nd Additional Munsiff, Jammu. In the said petition, the petitioner herein had filed the response and the respondent was directed to lead evidence. The respondent did not lead any evidence, as a result of which, the said petition was dismissed for non-prosecution on 16/9/2013. Though the said order is not on record, however, the factum of dismissal of the said petition has been admitted by both the learned counsels appearing for the parties. After dismissal of the said petition on 16/9/2013, the respondent filed second petition under sec. 488.Cr.P.C. along with an application for interim maintenance on 21/8/2014 before the Court of Chief Judicial Magistrate, Jammu, who transferred the same to the learned trial court, in which notice was issued to the petitioner and the petitioner filed response in the main petition as well as in the application seeking grant of interim maintenance.

(3.) The learned trial court, after hearing learned counsel for the parties, vide order dtd. 6/4/2016 directed the petitioner to pay a sum of Rs.3,000.00 as interim maintenance to the respondent till disposal of the main petition. By way of instant petition, the petitioner has impugned the order dtd. 21/8/2014, by virtue of which the petitioner was summoned to answer the petition filed by the respondent under sec. 488.Cr.PC. as also the order dtd. 6/4/2016 by virtue of which the interim maintenance of Rs.3,000.00 was granted in favour of the respondent.