Honble GARG, J.–This petition under Section 482 Cr.P.C. has been filed by the accused petitioners against the order dtd. 30.1.2003 passed by the learned Additional Chief Judicial Magistrate No. 2, Bikaner by which on the application under Section 340 Cr.P.C. filed by the non-petitioner No. 2 (complainant), cognizance for offence under Section 193 I.P.C. was taken against the accused petitioners.

(2). It arises in the following circumstances:

i) That marriage between petitioner No. 2 and respondent No. 2 had taken place on 9.5.84 and out of this wedlock, two sons, namely, Saumitra and Abhimitra were born.

ii) On 1.11.93, an application under Section 125 Cr.P.C. was filed by the petitioner No. 2 against the respondent No. 2. During the proceedings under Section 125 Cr.P.C., it was alleged by the petitioner No. 2 that she had no means of income and for that she had filed an affidavit on 15.12.94 and her statement was also recorded in which she had stated that she was not working anywhere.

iii) During the pendency of application under Section 125 Cr.P.C., the petitioner No. 2 filed an application withdrawing the claim of maintenance for herself and the matter was finally decided by the lea

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