DEVENDERA KUMAR Vs. STATE

JUDGEMENT

(1.) HEARD the learned counsel for the petitioner and learned Public Prosecutor appearing for non-petitioner No. 1. No body has appeared for non-petitioners No. 2 and 3. The facts may be summarised as below:

(2.) ON 25th October, 1989 Shri Sheokaran lodged the FIR at the Police Station, Sangaria alleging commission of offences under sections 498-A and 406 IPC. On the basis of the information given by Sheokaran, the Police registered a Criminal Case No. 284 of 1989 against the petitioner and the members of his family. After investigation the Police submitted a final report under Section 173 Cr.P.C. and stated therein that no offence was proved against the accused persons. The order dated 4.4.1991 passed by the learned Munsiff and Judicial Magistrate, Sangaria shows that on 3.11.1990 Sheokaran filed a protest petition in which he stated that a compromise was effected and that after the alleged compromise, Devendra Kumar obtained a house and started living with Smt. Geeta and after a few days he went away staying that he would be returning within 2-3 days but did not return and deserted his wife Geeta. It was also stated that after the alleged desertion Smt. Geeta gave birth to a son but her husband did not visit his wife and his son. The learned Munsiff and Judicial Magistrate recorded the statements of Smt. Geeta and other witnesses.

(3.) THE learned counsel for the petitioner has submitted that the view taken by the learned Munsiff and Judicial Magistrate is legally incorrect. Therefore, the issue of process under section 204 Cr.P.C. against accused amounts to abuse of process of the court and on this ground the order passed by the learned Lower Court deserves to be quashed.