RAJANI DUBEY
Neelesh Kumar Shukla, son of C. L. Shukla – Appellant
Versus
Renuka Shukla, wife of Shri Nilesh Kumar Shukla – Respondent
ORDER :
1. The applicant/husband has filed the instant revision under Section 397 read with Section 401 of Code of Criminal Procedure (CrPC) challenging the legality and validity of the order dated 12.4.2022 passed by Principal Judge, Family Court, Bilaspur in MJC No.225/2019 rejecting the application of the applicant for dismissal of the proceedings under Section 125 of CrPC instituted by the respondent/wife.
2. Learned counsel for the applicant submits that the impugned order is perverse and not sustainable in law. The learned Court below failed to appreciate that the principles of res judicata and estopple are applicable in criminal proceedings as well and there is no dearth of authority in this regard including the case of Sanjeev Kapoor Vs. Chandana Kapoor reported in (2020) 13 SCC 172. The respondent is residing in Bilaspur and earlier she had filed an application under Section 125 of CrPC before the Family Court at Durg in which she was granted maintenance @ Rs.2,000/- per month vide order dated 20.12.2005 (Annexure P/2). For alteration of the said amount, she ought to have filed appropriate application before the Family Court, Durg only whereas she filed a fresh application u
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