JUDGMENT

A.K. Shrivastave, J.

1. This is an application under Section 482 of Cr.P.C. praying that the Complaint Case No. 1969/2008 pending in the Court of Judicial Magistrate First Class, Mandla filed by respondent/complainant, which has been registered under Section 494 of IPC, be quashed. The respondent filed a complaint case and after recording her testimony under Section 200 and the witnesses under Section 202 of Cr.P.C., a case under Section 494, IPC has been registered against the applicant and notice was issued to him. Indeed, for the quashment of the registration of the case under Section 494 of IPC against the applicant this application under Section 482 of Cr.P.C. has been filed.

2. The contention of Ms. Goel, learned Counsel for the applicant/husband is that the respondent/complainant herself has averred in Para 1 of the complaint that she belongs to Gond community and got married to the applicant according to the custom prevailing in the Gond community in the month of Vaisakh (corresponding month June), 1981. After the marriage two children were also born out of the wedlock of complainant and the present applicant. However, in the month of October, 1990 the applicant upon