SMT. RICHA GUPTA Vs. GAJANAND AGRAWAL

JUDGEMENT

(1.) This petition under section 482 of the Code of Criminal Procedure has been filed to invoke the extraordinary jurisdiction of this Court to quash the criminal proceeding of Criminal Case RCT No. 817/2016 filed by the respondent against the petitioner pending before Judicial Magistrate First Class, Bihar, District Balaghat under section 500 of the Indian Penal Code.

(2.) The petitioner-wife has filed this petition to quash the criminal proceeding instituted by the respondent-husband on the ground that there has been several proceedings pending between them. On the report of the petitioner-wife a criminal case for offence under section 498-A of the Indian Penal Code is pending. The petitioner has filed an application under section 125 of the Code of Criminal Procedure against the respondent/husband before the Family Court, Bhopal. Several disputes are pending between the husband and wife. A complaint under section 12 of the Protection of Women from (Domestic Violence) Act, 2005 has also been filed by the petitioner-wife. The respondent-husband, to counter the above cases, has filed a criminal complaint under section 500 of the Indian Penal Code. Vide order dated 21.11.2016 a crime under section 500 of I.P.C. has been registered. Learned Judicial Magistrate First Class has taken cognizance of the offence.

(3.) It is stated that the criminal case for cruelty is also pending against the respondent. It does not mean that offence under High Court of Madhya Pradesh section 500 of I.P.C. has been committed by the petitioner-wife. Therefore, this petition be allowed and the criminal complaint case instituted under section 500 of the Indian Penal Code be quashed.