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Ruchi Agarwal vs Amit Kumar Agrawal & Ors on 5 November, 2004

I may refer to the case of Ruchi Agrawal vs. Amit kumar Agrawal and others (2005) 3 SCC 299 it would appear that the Supreme court has also taken a similar view. The facts were that a consent decree of divorce was passed by the Family Court. The question came up for grant of maintenance under section 125 of the Cr.P.C. Considering the terms in which the consent decree was passed, the court found that the continuance of 125 Cr.P.C. proceeding amounted to harassment and has quashed the proceeding.
Supreme Court of India Cites 9 - Cited by 249 - Full Document

Mohd. Shamim & Ors vs Smt. Nahid Begum & Anr on 7 January, 2005

Similar view was taken by the Supreme court in the case of Md. Shamim and others vs. Nahid Begum & Another, (2005) 3 SCC 302. In this case the facts are similar to the present case. A matrimonial suit was filed in the consent decree of divorce was passed. An F.I.R. had also been lodged by the wife- complainant under sections 406, 498A/34 of the Penal Code. The Supreme court after discussing every thing has quashed the criminal proceeding as they would amount to abuse of process of law.
Supreme Court of India Cites 9 - Cited by 112 - S B Sinha - Full Document
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