- (1.) R. K. Rastogi, J. This is an application under Section 482 Cr. P. C. for quashing the proceedings of Criminal Case No. 201 of 2002 (Smt. Heero Devi v. Rajpal) under Section 125 Cr. P. C pending in the Court of Family Judge, Meerut.
(2.) THE facts relevant for disposal of this application are that the complainant opposite party. Smt. Heero Devi filed an application under Section 125 Cr. P. C. against applicant Rajpal, with this allegation that her marriage had taken place with Rajpal about thirty years ago and after the marriage she started to reside at her husband's house and was performing her marital obligations. Rajpal properly behaved with her for some time and thereafter he used to neglect her and she has been ill for along, time, but Rajpal was not making any arrangement for her treatment, nor he provided food to her. He had beat her several primes and tried to force her to leave his house. Three issues were born to her out of this wedlock but due to negligence. Rajpal and for want of proper treatment all those issues died, and instead of giving any assistance to her, Rajpal wants to get rid of her. He is employed on the post of Principal of a primary school, situate at Dudhali near Chhota Mawana tehsil Mawana district, Meerut, and he is earning Rs. 12,000/- per month as salary. He was spending entire amount on the families of his two younger, brothers, though those families were well settled and did not require any assistance from Rajpal. THE applicant is earning her livelihood by doing labour work in the fields of others but after falling ill she became unable to do labour work and she has been 'skill for several years and is suffering from the disease of liver, but Rajpal is not maintaining her nor providing any medical assistance to her. Previously her brothers Mathura Prasad and Virendra Singh Verma were providing assistance to her, but in now they too are unable to provide any assistance to her, and when she asked Rajpal to provide food and clothes to her, he " stated that he has no money for her. Rajpal is also doing business of money lending and is earning Rs. 6000/- per month. He has also got a plot of 100 Sq. Yards in the area of Nagar Nigam Meerut worth Rs. One lac. She, therefore, prayed for Rs. 5000/- per month as maintenance from him. Rajpal filed an objection before the lower Court in which he took a plea that Smt. Heero Devi was residing with him in the n game house in which he was residing and he was looking after her and she had filed this application under the influence of her brothers and nephew. He had never refused to maintain her and the application was not maintainable. He also filed certificate issued by Sadhan Sahkari Samiti, Rani Nagla, Hastinapur, Meerut in which it was stated that the applicant was residing with her husband in the same house. He has also filed extract of voters' list of the year 2005 in which the applicant Rajpal and Smt. Heero Devi have been shown to be residing in the same house No. 187. . He also filed photo copy of ration card in which the names of the applicant Rajpal and Smt. Heero Devi find place. Another certificate issued by Indra Pal Singh, Pradhan of Gram Panchayat Afzalpur alias Rani Nagla tehsil Mawana, Meerut has been filed in which it has been stated that the applicant was residing with her husband in his house in the village happily. It was further stated that application under "section 125 Cr. P. C, is not maintainable. The Judge, Family Court after hearing both the parties rejected the above objection of the applicant vide his order dated 23-9-2006. Aggrieved with that order Rajpal has filed this application under Section 482 Cr. P. C. for quashing the proceedings of the case.
(3.) HEARD learned Counsel for the applicant and learned A. G. A. State and perused the papers on record. The learned Counsel for the applicant submitted before me it is sufficiently proved from the documentary evidence filed him that both the parties were residing in the same house and SO the application under Section 125 Cr. P. C. was not maintainable. This plea was taken before the learned lower Court also. The learned Presiding Officer of the lower Court did not agree with the above submission of Rajpal and he referred to certain other documents filed by Heero Devi, one of them is copy of the Compromise arrived at between the parties on intervention of the police of police station Hastinapur in which Rajpal had assured the police that he will properly maintain his wife Smt. Heero Devi and will pay Rs. 500/- per month as maintenance to her and will also deposit Rs. 10,000/- in her name in a bank. The Presiding Officer also referred to three medical prescriptions paper No. 10-B, 11-B and 12-B in respect of treatment of the Heero is Devi. He also pointed out that the matter had been referred to Parivar Paramarsh Samiti Samjhauta Kendra, Meerut and a report had been received from that Kendra that wife of Rajpal was subjected to neglect by her husband.;