ORDER

1. This criminal misc. petition under Section 482 Cr.P.C. has been preferred assailing the order dated 08.04.2022 passed by learned Metropolitan Magistrate No.5, Jodhpur Metropolitan in Case No.1666/2018 whereby the learned trial court has dismissed the application filed under Section 91 Cr.P.C.

2. Learned counsel for the parties have fairly shown the judgment pertaining to Section 91 Cr.P.C., passed by this Court in Rakesh Gehlot Vs. State of Rajasthan & Anr. (S.B. Criminal Misc. Petition No.6048/2021) on 09.09.2022, which reads as follows:

"1. This Criminal Misc. Petition under Section 482 Cr.P.C. has been preferred claiming the following reliefs:

’It is, therefore most respectfully prayed that the application filed by the petitioner u/s.482 Cr.P.C. may be allowed and:

The order dated 22.10.2021 passed by the learned Family Court No.2, Jodhpur Metropolitan, Jodhpur in Criminal Case No.69/2019 may kindly be quashed and set aside and the application filed by the petitioner under Section 91 Cr.P.C. may kindly be allowed as prayed for.’

2. Brief facts of this case, as placed before this Court by learned counsel for the petitioner, are that a complaint was filed by the complainant/res