ABDUL GANI BHAT Vs. AFROZA

JUDGEMENT

(1.) Inherent power is being invoked by the petitioner for quashment of proceedings instituted by the respondents herein for grant of maintenance under Section 488 Cr.PC, as also order dated 16.11.2018, passed by the court of Judicial Magistrate 1st Class, Budgam, in terms whereof interim maintenance of Rs. 4,000/= each has been granted to respondents 2 & 3 herein to be payable by the petitioner herein.

(2.) The instant petition is filed by the petitioner on the premise that respondent No. 1 is the wife and respondents 2 & 3 being daughter and respondent 4 being son of the petitioner and that the said respondents under misrepresentation of facts have filed maintenance application under Section 488 Cr.PC before the Judicial Magistrate, Budgam, (for brevity the court below) wherein, an interim order dated 16.11.2018 (for brevity the impugned order) has been passed.

(3.) Maintenance proceedings are stated to have been instituted despite a decree of civil court obtained by the petitioner herein for restitution of conjugal rights against the respondent No. 1 herein.