JEEWAN KRISHAN RAINA Vs. CHANDOO DEVI

JUDGEMENT

(1.) Heard learned counsel for petitioner at the admission stage and perused the record.

(2.) Petitioner seeks quashment of proceedings in complaint case titled Chandoo Devi v. Jeewan Krishan and Ors., pending determination on the files of learned 2nd Additional Munsiff/Judi-cial Magistrate 1st Class, Jammu on the ground that respondent No. 1 (hereinafter referred to as complainant), is the legally wedded second wife of petitioner while respondents 2 and 3 are his daughters. Due to marital discord inter se the couple, parties lived separately from each other. Complainant filed a claim for maintenance under Section 488 CrPC. The proceedings culminated in an order directing the petitioner herein to pay monthly maintenance allowance of Rs.1,000 to the complainant + Rs.500 for her separate residence. Complainant also filed a suit for permanent injunction against the petitioner seeking to restrain him from alienating immoveable property. Meanwhile, she also sought arrangement for her residence. No interim d tion was passed in the suit which came to be dismissed.

(3.) Not being contented, complainant filed another suit under Section 18 of Hindu Adoptions and Maintenance Act. seeking separate residence. She also filed a complaint against the present petitioner and his married daughters al-leing commission of offence under Sections 323, 341,504 RPC. However, trial Court issued process only for offence under Sections 341/504 RPC and it is this complaint which is sought to be quashed.