Madhya Pradesh High Court
Rama Singh Azad vs Smt. Maya Singh on 17 March, 2015
M.Cr.C. No.2456/2015
17.3.2015
Shri Ashish Tiwari, counsel for the applicant.
Heard on admission as well as IA.
No.2937/2015, an application for staying the
proceedings of Criminal Case No.4935/2013.
The applicant has preferred the present
petition under Section 482 of the Cr.P.C against the
order dated 9.1.2015 passed by the Fourth
Additional Sessions Judge, Bhopal in Criminal
Revision No.624/2013 whereby, the revision filed by
the applicant was dismissed and order dated
13.6.2013 passed by the JMFC, Bhopal in R.T.
No.4935/2013 was confirmed. The applicant has
also challenged the order dated 13.6.2013 passed
by the JMFC, Bhopal.
Facts of the case in short are that the
respondent no.1 has moved an application under the Domestic Violence Act which was quashed by the High Court vide order dated 15.5.2012. Hence, it is alleged that the respondent no.2 entered in the house of the complainant/applicant and gave a threat to him. He also abused with obscene words. A complaint was filed by the applicant before the trial Court. The trial Court after considering the evidence again under Section 200 and 202 of the Cr.P.C registered the case against the respondent no.2 for offence under Sections 451, 294 and 506 Part II of I.P.C but, complaint was dismissed against the respondent no.1.
After considering the submissions made by the learned counsel for the applicant that various witnesses have stated that the respondent no.1 had also entered in the house and abused the victim however, if para 9 of the complaint is perused then there is no allegation against the respondent no.1 that she entered in the house or abused. If witnesses are telling contrary to the pleading of the complainant then it would be apparent that they are telling a false hood and they could not be believed. Under such circumstances, both the Courts below have rightly dismissed the complaint against the respondent no.1. There is no reason to accept the present petition under Section 482 of the Cr.P.C filed by the applicant for final hearing.
Consequently, it is hereby dismissed at motion stage.
(N.K. Gupta) Judge bina