SHADI LAL Vs. KANTA DEVI

JUDGEMENT

(1.) Petitioners invoke the inherent jurisdiction of this Court under Sec. 561-A of the Code of Criminal Procedure (hereinafter for short, Cr.P.C) for quashing order dtd. 5/11/2016 passed by Ld. Chief Judicial Magistrate, Doda in file No. 30/488 Cr.P.C titled as Kanta Devi vs. Shadi Lal and ors., and order dtd. 16/9/2017 passed by the Ld. Addl. Sessions Judge, Doda in file No. 67/Revision titled as Kanta Devi vs. Shadi Lal and ors.

(2.) The case of the petitioners is that petitioner No.1 is the husband and petitioner No.2 is the son of respondent. It is stated that marriage of petitioner no.1 and respondent was solemnized 50 years back and after the marriage the petitioner no.1 and respondent remained together for 30 years and out of their wedlock five children were born, out of which two are sons and three are daughters. It is further submitted that during the period of separation the respondent stayed with her sons including petitioner no.2 and daughters, and they were maintaining the respondent.

(3.) Learned counsel for the petitioners states that petitioner no.1 and respondent were separated from each other by mutual consent. It is stated that respondent despite being maintained by the sons, she filed an application under Sec. 488 Cr.P.C. before the learned Chief Judicial Magistrate, Doda against the petitioners and one Rishi Kumar (Dead now). The said application was allowed vide order dtd. 5/11/2016, impugned in this petition.