- (1.) Petitioner Om Prakash Modi alongwith his counsel Shri Ashok Mishra present. Mr. R.S. Agrawal, Additional Public Prosecutor for the State is present, and Smt. Kalawati alias Chandrakala is present in person.
(2.) The wishes of Smt. Kalawati alias Chandrakala, wife of the petitioner Om Prakash, were obtained in Chambers, in which, she has disclosed that she was living with her husband-Om Prakash Modi. She also stated that she was living peacefully and amicably and there were two children from their wedlock. Now she had no grievance against her husband or any of his relative though, on account of some mis-understanding she filed a complaint against them on the basis of which a chargesheet has been filed. She has expresed that she does not want to continue the criminal proceedings against her husband and his other relatives, as it would not be in her interest. That she wanted to live peacefully and happily with her husband and the continuation of criminal proceedings may again spoil their matrimonial relations. She has, therefore, supported the petitioners that the criminal proceedings under Sections 498-A and 323 IPC in criminal Case No. 6/93 pending in the Court of Civil Judge (Senior Division)-cum-Additional Chief Judicial Magistrate, Sambharlake arising from FIR No. 135/92 be quashed.
(3.) The circumstances under which the present petition has been filed may be briefly stated. The non-petitioner Smt. Kalawati alias Chandrakala was married to the petitioner Om Prakash Modi on February 27, 1990. Their matrimonial relations were quite happy, but some time in the month of September 1992 some mis-understanding croped in and a report was made by her at police station Shastri Nagar on 9.9.92. The said report later on was transmitted to Police Station Sambharlake for investigation. After usual investigation, a charge sheet came to be filed against the petitioners for the offence punishable u/ss. 498-A and 323 IPC in the Court of Civil Judge (Senior Division)-cum-Additional Chief Judicial Magistrate, Sambharlake, which is still pending in the said Court.;