- (1.) The petitioner has preferred this misc. petition under Section 482 Cr. PC, for the following prayer : "It is, therefore, most respectfully prayed this misc. petition may kindly be allowed by quashing the criminal proceedings Original No. 182/17 under section 125 Cr. P.C., (Payal Vs. Rana Ram) pending in Family Court No.l, Jodhpur and Domestic Case No.226/17 (Payal Vs. Rana Ram) pending in Metropolitan Magistrate No.8, Jodhpur. "
(2.) The brief facts of the case are that the petitioner and respondent entered in wedlock on 14.5.2011 as per Hindu rites and customs and out of their marriage a daughter was born on 14.2.2013. Due to strained relationship a divorce petition was filed on 25.9.2012, in which an application under Section 24 of Hindu Marriage Act was filed by the respondent, that came to be allowed on 16.10.2014 whereby certain interim maintenance was granted. The respondent thereafter filed another petition U/s.12 of Protection of Women from Domestic Violence Act, 2005 on 28.7.2017 alongwith an application U/s.23 of the Act for grant of monetary relief. The respondent then filed an application under Section 125 Cr. P.C., on 06.12.2017, which has now been allowed and a maintenance of Rs.15,000/- per month has been granted.
(3.) The bone of contention in the present case is "whether simultaneous proceedings under Section 24 of Hindu Marriage Act; U/s.12 of Protection of Women from Domestic Violence Act, 2005 and under Section 125 Cr. P.C., would operate ?";