JUDGMENT - G.R. MAJITHIA, J. :-The petitioner-Mrs. Kumudesh Bhandari - has challenged the order of Additional Sessions Judge, Greater Bombay, passed in Criminal Revision Application No. 364 of 1993, dated April 5, 1994, affirming in revision the order dated October 27, 1993 passed by Metropolitan Magistrate, 12th Court, Bandra, Bombay, rejecting her application for discharge.

2. Factual matrix giving rise to this petition are as under :

Respondent No. 1 - Mrs. Gopika Tapuriah - (hereinafter "the respondent") was married to Gautam Thakkar at Lucknow on February 25, 1973; that from this wedlock three children were born, namely Gaurav, Kunal and Rohan; that the marriage was dissolved by a decree of divorce by mutual consent on August 2, 1982; that the respondent filed Miscellaneous Application No. 174 of 1990 in M.J. Petition No. 71 of 1982 before the Family Court, Bandra, Bombay, for permitting the minor children to spend some parts of vacations with her; that the application has not so far been disposed of; that the parties to the lis, viz., Matrimonial Petition No. 41 of 1982, had arrived at a settlement with regard to the temporary custody of their children and that arrangement is in force; that on April 30, 1990 the petitioner filed an affidavit in Miscellaneous Application No. 174 of 1990 in M.J. Petition No. 71 of 1982; that the affidavit was filed to support the claim of the former husband of the respondent that she was not entitled to the temporary custody of her children; that in the affidavit it was stated that the petitioners son Kavi had developed illicit relations with the respondent when he was staying with her and her former husband; that the illicit relation was objected to by the parents of Kavi; that the allegation made in the affidavit led to the filing of a complaint under section 500 of the Indian Penal Code against the petitioner; paras 4 and 5 of the complaint read thus :-

"4. I say that the accused on 30-4-1990 filed an affidavit in the proceedings viz., Misc. Application No. 174 of 1982, and made false, baseless, malicious allegation concerning me with a view to harm my reputation and lowering me in estimation of my friends by casting aspersion on my morality and conduct during subsistence of my marriage with Gautam Thakkar. That accused in the affidavit has stated:

I say that my son Kavi and Gopika developed an illicit relationship while he used to stay with Gautam and Gopika. We his parents objected to their clandestine relation.

I say that (the accused has made) aforesaid insinuations concerning me which are cheap allegation involving her deceased son and false with intent to harm or knowing or having reasons outrageous, mean and to believe that such imputation will harm my reputation by holding me out in the eyes of Court in particular and society in general that I am incompetent to be entrusted with the custody of children and thus committed an offence under section 500 of I.P.C. Hereto annexed and marked Exhibit "A" is the copy of the said Affidavit.

5. The said Affidavit has caused irreparable damage to myself esteem and to my reputation in the estimation of other persons who have read the said article particularly Mr. Shishir Diwanji, Notary before whom it was affirmed and has adversely affected my status in society. I called upon the accused by my advocates letter dated 4-5-1990 to withdraw the aforesaid allegations unconditionally, tender unqualified apology. Though the accused has received letters but failed to comply with requisitions contained therein. Hereto annexed and marked Exhibit B is the copy of the said notice."

that the petitioner was served with the complaint; that she filed discharge application which was rejected by the learned Metropolitan Magistrate and that order was affirmed in revision. As stated above, the same is under challenge.

3. In the complaint filed under section 500 I.P.C. against the petitioner, it was stated that the respondent filed a petition for the custody of her ch

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