2003 Supreme(J&K) 57
B.L.BHAT
Som Raj – Appellant
Versus
Kunti Devi – Respondent
Advocates Appeared:
Advocate For Appellant: D.S. Saini
Advocate For Respondent: D.K. Khajuria
Through the medium of the petition under Section 561-A Cr. P.C, the petitioners/accused have sought indulgence of this Court for quashment of proceedings as well as criminal complaint filed by the respondent titled as Kunti Devi v. Som Raj and Others for offences under Section 494 read with Section 109 RPC, pending decision before the court of learned Sub-Judge, Judicial Magistrate, Jammu. It is inter alia maintained in the petition that the respondent was legally wedded wife of the petitioner No. 1. The respondent avoided the society of the petitioner No. 1 and deserted him which compelled the petitioner No. 1 to file a divorce petition on 11.1.1996 against her before the court of learned Additional District and Sessions Judge Gurdaspur. That the learned Additional District and Sessions Judge, Gurdaspur summoned the respondent who caused appearance before his court and filed detailed objections, her statement recorded and finally a decree for divorce came to be passed on 9.3.1999 by the said court dissolving the marriage in between the parties. That the respondent has filed a criminal complaint in question against the petitioners for an offence under Section 494 on wrong facts. Th
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