1. This application under section 482 of the Code of Criminal Procedure has been preferred with a prayer to quash the order passed by Additional Sessions Judge, Sonkutch in Cr.R. No. 38/04 confirming the order passed by JMFC, Sonkutch in Cr.C. No. 17/02 on 13.2.2004 whereby application under section 125 of the Criminal Procedure Code moved by the applicant was dismissed. Admittedly, marriage of applicant and non-applicant was solemnized on 15.5.1997 according to Hindu rituals and applicant started living with non-applicant in her matrimonial house. It is also not in dispute that at present applicant is residing with her father.

2. The case of the applicant before learned JMFC was this that after some time from her marriage with the non-applicant, non-applicant and his family members started torturing her for demand of dowry. Parents of the applicant gave Rs. 5.000/- on two occasions to non-applicant but even then demand of dowry continued. Non-applicant started harassment and treated applicant with cruelty and then sent her to her parental house to bring some more money. Untimely non-applicant told applicant that she can only live in her matrimonial house if some more money by way of dowry is brought by her. She was given threat of causing her death by pouring kerosene and thereafter ablazing her. In such circumstances she went to her parental house. It was also stated in the application that the applicant is unable to maintain herself whereas non-applicant has got sufficient means of income to pay maintenance to the applicant.

3. Non-applicant in his reply contended that applicant left matrimonial house on her own without informing anyone a report of missing person was lodged by non-applicant. He has also said that applicant also instituted a false case under section 498-A, Indian Penal Code against him and his family members by lodging a false report. After trial non-applicant and his family members were acquitted. It has also been averred that applicant is well educated, she runs a coaching class and is earning Rs. 3,000/- to 4.000/- per month by this business of coaching class. She is living in her parental house without any reasonable and proper cause so she is not entitled for maintenances living separately.

4. Learned Magistrate after recording evidence of both the parties came to the conclusion that applicant is living separately from her husband non-applicant without any reasonable and proper cause and, therefore, she is not entitled for any maintenance under section 125 of the Criminal Procedure Code. Applicant preferred revision against this order which fails and learned Additional Sessions Judge also observed that applicant is living separately without any reasonable and proper cause. Applicant came before this Court for invoking extraordinary jurisdiction of section 482 of Criminal Procedure Code and prayed for setting aside the impugned orders passed by learned Magistrate and learned Sessions Judge and to allow her application filed under section 125. Criminal Procedure Code.

5. Learned counsel Shri Sunil Jain appeared for the applicant submitted that two Courts below have erroneously came to the conclusion that applicant is living separately without any sufficient and proper cause. He submitted that statement given by applicant herself before learned Judicial Magistrate fully corroborated by witnesses Narayansingh (PW 2), Mahendra Singh (PW 3), Gopal Singh (PW 4), Sodan Singh (PW 5). All these witnesses deposed that applicant was being harassed by her husband non-applicant on demand of dowry. She was also beaten many times by non-applicant and sustained injuries, so there was reasonable and sufficient cause available to applicant for living separately from her husband. He has drawn attention of this Court towards the statements given by these witnesses before learned Magistrate and submitted that the evidence adduced by the applicant was sufficient to hold that applicant is entitled to clai