Hon'ble SHARMA, J.—This criminal Misc. Petition No. 786 of 2011 under section 482 Cr.P.C. against the order dated 25.1.2011 of Special Court Women Atrocities and Dowry Cases, Kota nd quashing the proceedings pending before the ACJM No.4 in case No. 04/08 wherein the same relief has been sought by the non-petitioners by way of application under sections 12, 22, 23, 23(2) of the Protection of Women from Domestic Violence Act, 2005 whereas the application for interim maintenance under section 125 Cr.P.C. has already been decided by the Family Court vide order dated 9.5.2008.

2. Brief facts of this criminal misc. petition are that the petitioner got married to the respondent No.1 on 13.5.2004 as per the Islamic shariat, known as 'Nikah'. After consuming the marriage they lived together happily. A child was born out of their wedlock. But the relations between them could not be maintained for long and began quarreling after two years. The wife of the petitioner began to stay at her father's house without any reason, when all efforts had failed to maintain the relation between spouses. Eventually the petitioner had to file a suit for restitution of conjugal rights before the family court.

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