MANOJ KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ORDER :- Petitioner Manoj Kumar has preferred this petition under Section 482, Cr.P.C. against the order of the learned District and Sessions Judge, Jodhpur passed on 12-6-98 in Cr. Revision No. 1106/97 in Case No. 137/97 under section 498A, IPC. which is pending in the Court of Additional Chief Judicial Magistrate No. 2, Jodhpur. The learned Judge dismissed the revision petition and upheld the order passed by Additional Chief Judicial Magistrate No. 2, Jodhpur taking cognizance against the petitioner for the offence under section 498A, IPC. However, the cognizance taken under section 406, IPC was set aside on the ground that the articles were already returned to the complainant.

(2.) Now, the brief facts necessary for the disposal of this petition may be stated :-

(3.) The petitioner was married to Rashmi Kalla on 8-2-96. The relations between them became strained and Rashmi Kalla lodged a report against the petitioner that she was subjected to cruelty by him and he deserted her as he was having illegal relation with some other girl Miss Parminder Kaur. Some of the articles have not been returned to her by the petitioner. A case under section 498A and 406, IPC was registered at Police Station. Khandafalsa, Jodhpur and after investigation charge sheet was submitted against the petitioner. The learned Additional Chief Judicial Magistrate No. 2, Jodhpur took cognizance of the offences under section 406 and 498A, IPC. The revision petition preferred by the petitioner was partly allowed as stated above. The petitioner and Rashmi Kalla submitted an application under Section 138, Hindu Marriage Act, 1955 in the Family Court, Jodhpur for divorce by consent stating therein that they are living separately and their marriage was irretrievably broken. This application was allowed and divorce was granted on 26th March, 1998. A perusal of the judgment dated 26th March, 1998 of the Family Court, Jodhpur reveals that the petitioner and Rashmi Kalla stated in their application under section 13B, Hindu Marriage Act that they have settled their differences and dispute inspired by the spirit of Lok Adalat. No dispute regarding Stridhan, maintenance or any other expenses is pending between them.