YUGAL KISHOR SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Sanjeev Thakur, learned counsel for the petitioner, Mr. Shiv Shankar Kumar, learned counsel for the State and Mr. Krishna Murari, learned counsel for opposite party no.2.

(2.) This petition has been filed for quashing entire proceeding in connection with Original Maintenance Case No.171/2021, filed by opposite party no.2 against the petitioner under Sec. 125 of Cr.P.C. for seeking maintenance and also for quashing order dtd. 24/11/2021 passed by the learned Principal Judge, Family Court, Bokaro whereby the learned Judge has proceeded for taking evidence in the instant case.

(3.) Mr. Thakur, learned counsel for the petitioner submits that opposite party no.2 is not wife of the petitioner. He further submits that earlier opposite party no.2 filed a petition being Original Maintenance Case No.188/2016 against the petitioner under Sec. 125 Cr.P.C. for maintenance and in that case, the opposite party no.2 has left the proceeding and thereafter the said case was dismissed vide order dtd. 10/9/2018. He also submits that the mother of opposite party no.2 has also stated that opposite party no.2 is not the wife of the petitioner and that is why opposite party no.2 has left the proceeding and subsequently second case being Original Maintenance Case No.171/2021 has been filed against the petitioner under Sec. 125 Cr.P.C for maintenance. He further submits that the petitioner has filed written statement in the said case, however ignoring the written statement filed by the petitioner the learned Principal Judge, Family Court, Bokaro proceeded with the matter and fixed the case for evidence vide order dtd. 24/11/2021. On these grounds, he submits that this Court may interfere and quash the entire proceeding filed under Sec. 125 Cr.P.C.