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2017 Supreme(MP) 699

ANJULI PALO
Mahesh Kumar – Appellant
Versus
Pramila – Respondent


Advocates:
Navin Kumar for petitioner; Anuvad Shrivastava for respondent.

ORDER

1. This application has been filed by the applicants under section 482 of the CrPC for quashing the criminal proceedings of MJC No.260/2016 pending before the Court of leaned JMFC Bina, District Sagar for the offence punishable under section 12 of the Protection of Women from Domestic Violence Act, 2005.

2. It is not in dispute that the applicant No.1 and the respondent are legally wedded husband and wife. Their relationship is still in existence. It is also not in dispute that their marriage was solemnized on 19.5.2011 and upto 28.5.2011, the respondent was resided at her matrimonial house. Thereafter, she is residing with her parents without any assistance of her husband/applicant No.1.

3. In the present case, the respondent lost her right to receive the maintenance allowance under section 125 of the CrPC as vide order dated 25.4.2016 passed by ASJ, Bina in Criminal Revision No.107/2015 (Annexure A-5).

4. Learned counsel for the applicants has contended that after losing the maintenance case, as a counter blast, on 12.5.2015 the respondent immediately filed an application under section 12 of the Protection of Women from Domestic Violence Act to harass the applicants and extr











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