I. M. QUDDUSI, J. ( 1 ) THIS application under Section 482, Cr. P. C. has been filed with a prayer to set aside the proceedings of Criminal Case No. 1086 of 1983, Nizam v. Noor Jahan pending in the Court of Mahanagar Magistrate, Corporation, Kanpur. ( 2 ) THE brief facts of the case giving rise to the present petition are that the applicant, namely, Smt. Noor Jahan was married to one Nazamul Hasan in the year 1970 according to Muslim rites. Out of that wedlock a daughter was born. Thereafter when she was living separately from her husband she filed an application under Section 125, Cr. P. C. for maintenance, which was allowed vide order dated 29-2-1977 by the Additional Munsif Magistrate, Saharanpur, whereby the husband Nazmul Hasan was directed to pay the maintenance allowance @ Rs. 60. 00 per month to the wife i. e. the applicant and Rs. 40. 00 per month to the infant daughter with effect from 1/10/1978. Here it is necessary to indicate that she initiated proceedings under Section 125, Cr. P. C. on 26-6-1975 for claiming Rs. 400. 00 per month as maintenance allowance from her husband Nazmul Hasan. The stand of the husband Nazmul Hasan was that the petitioners father being a greedy type of person wanted the Nazmul Hasan to occasionally help him with money and on his refusal the father of the petitioner instigated the petitioner to leave her husband and she herself left the husbands house in his absence along with clothes and ornaments and inspite of repeated attempts the petitioner did not accompany the defendant to his house and she ultimately unlawfully remarried Noor Mohammad son of Kurra resident of Topia Saraj, Saharanpur on 7/11/1971 and was living with him as a wife. The learned Magistrate on appreciation of evidence repelled the contentions of Nazmul Hasan that the petitioner remarried Noor Mohammad and that her daughter was from the alleged second wedlock. It was further held that Nazmul Hasan ill-treated her and turned her out of his house while she was in family way and she was unable to maintain herself and her daughter and that the defendant having made scandalous and false allegations against the petitioner of her alleged remarriage could not be believed to be ready and willing to maintain her. Consequently, the petitioner and her daughter were held entitled to claim maintenance allowance from the defendant and an amount of Rs. 100. 00 per month was fixed with effect from 6/10/1978. ( 3 ) AGAINST the said order of the learned Magistrate, the husband namely Nazmul Hasan filed Criminal Revision No. 233 of 1988 and the present petitioner also filed a criminal revision against the same order being Criminal Revision No. 206 of 1978. The learned IIIrd Additional Sessions Judge decided both the revisions by a common judgment and order dated 30/04/1979 and dismissed the husbands revision and allowed the revision of the present applicant modifying the order that she will get maintenance allowance @ Rs. 120. 00 per month for herself and Rs. 60. 00 per month for her daughter Noor Begum from Nazmul Hasan with effect from 16-6-1975. The learned Additional Sessions Judge has indicated in his order that the lower Court has recorded a definite finding that the petitioner s daughter was born out of her wedlock with Nazmul Hasan and that she was treated with cruelty and turned out of the house while she was in a family way and there was good reliable evidence on record to support that finding. The finding that the husband not only indulged in physical cruelty but also proved himself to be thoroughly unscrupulous in making scandalous allegations of petitioners remarriage with an elderly person and that the daughter was born when the petitioner was living in sin certainly resulted in too much mental torture to the petitioner. ( 4 ) AGAINST the order of the learned IIIrd Additional Sessions Judge, Nazmul Hasan filed a petition under Section 482, Cr. P. C. in this Court which was registered as Criminal Misc. Application No. 3154 of 1979 which was dismissed on merits vide judgment and order dated 13-11-1979. Thereafter the learned Chief Judicial Magistrate on the application of Nazul Hasan vide order dated 25-1-1982 set aside the order regarding maintenance allowance against which applicant Noor Jahan preferred a revision, which was allowed and the order of the learned Magistrate setting aside the maintenance was set aside vide order dated 17-2-1983. Thereafter the learned Chief Judicial Magistrate on the application of Nazul Hasan vide order dated 25-1-1982 set aside the order regarding maintenance allowance against which applicant Noor Jahan preferred a revision, which was allowed and the order of the learned Magistrate setting aside the maintenance was set aside vide order dated 17-2-1983. Thereafter a complaint case on behalf of Nizam son of Rahmat Ullah was filed in the Court of Metropolitan Magistrate, Kanan Nagar which was registered as Case No. 1086 of 1983 Nizam v. Noor Jahan for their prosecution for the offence punishable under Sections 420/ 120-B/380/494, I. P. C. inter alia, on the ground that his marriage was performed with Noor Jahan in May, 1978 according to Muslim rites and she remained with him and out of this wedlock a son and a daughter was born and on 15/02/1983 he came to know that she was married about 10 years before with one Nazmul Hasan and he has got a copy of the revision also and the accused persons gave him threat with his life and they have got the illicit relations developed of Noor Jahan with another person and thus he was cheated. On this the learned Magistrate issued summons against the applicant to prosecute her under the aforesaid Sections. One thing more which is significant here is that in the matter of maintenance an objection was filed by Nazmul Hassan on 28/04/1983 that the applicant Noor Jahan has performed her marriage with Nizam in (sic) and thus cheated him and concealed the reality and, as such, she is not entitled to get the maintenance. Copy of this objection has been filed as A to O". ( 5 ) THIS Court while admitting the petition and issuing the notice to the opposite party Nizam son of Rahmat Ullah stayed the further proceedings in Criminal Misc. Case No. 1086 of 1983, Nizam v. Noor Jahan under Sections 422/120-B, 380 and 494, I. P. C. vide order dated 1-1-19 (sic ). It has been stated in the petition that the complaint was absolutely false and concocted and the applicant was never married to the complainant-opposite party, viz. Nizam and the case has been got set up by the applicants husband Nazmul Hassan and the continuance of the proceedings of the complaint case is thus nothing but clearly in abuse of the process of law. Nizam and the case has been got set up by the applicants husband Nazmul Hassan and the continuance of the proceedings of the complaint case is thus nothing but clearly in abuse of the process of law. ( 6 ) THE proceedings have been stayed by this Court since last more than 11 years but nobody has turned up before this Court even to record the allegations made in this case. Considering the overall facts and circumstances, specially the last that the learned Magistrate after recording evidence had given his findings that Nazmul Hasan has proved himself to be thoroughly unscrupulous in making scandalous allegations regarding petitioners remarriage with an elderly person and the allegation that the daughter was born when the petitioner was living in sin certainly result in too much mental torture to the petitioner and when these allegations levelled by Nazmul Hasan has failed on the basis of the evidence and there was no other way left for Nazmul Hasan except to pay the maintenance allowance to the applicant and her daughter suddenly the present complaint case came into picture with the similar allegation by a person which does not corroborate with the findings given by the Magistrate after recording evidence of the parties in this regard. The allegations made in the complaint that the marriage of the complainant was performed with the applicant in 1976 and that she was married to anotherperson and developed illicit relations with that person and after 1975 he came to know for the first time in the year 1983 about this all shows improbability and on the basis of the averments made in the complaint prima facie it appears that no case under the provisions complained of is made out against the applicant. Moreover, filing of the objection by Nazmul Hasan making a base of the so-called marriage performed in the year 1975 with aforesaid Nizam leaves no room for doubt to believe that the alleged complaint is a manipulation of Nazmul Hasan to avoid the liability of payment of maintenance allowance to the applicant. Moreover, filing of the objection by Nazmul Hasan making a base of the so-called marriage performed in the year 1975 with aforesaid Nizam leaves no room for doubt to believe that the alleged complaint is a manipulation of Nazmul Hasan to avoid the liability of payment of maintenance allowance to the applicant. It is also noteworthy that in the aforesaid complaint case Nazmul Hasan is not a party - the reason for not making him a party inspite of the allegations that the applicant has performed her marriage with Nazmul Hasan and thus cheated the complainant-is also one of the relevant factor to draw an inference that the complaint is a manipulation of Nazmul Hasan to escape the liability of payment of maintenance allowance and also to avoid himself to get away from the array of the parties otherwise he would have to attend the Court proceedings at Kanpur equally as the applicant. The aforesaid Nizam son of Rahmat Ullah has not shown his face before this Court even after the lapse of 11 years and also despite the fact that the proceedings in criminal case are stayed since last more than 11 years. In the matter of Ganesh Narain Hegde v. Baparaopa, (1995) 4 SCC 41 : (1995 AIR SCW 2364), it has been held by the Honble Supreme Court that the High Court should interfere only where it is satisfied that if the complaint is allowed to be proceeded with, it would amount to abuse of the process of Court or that the interest of justice otherwise calls for the quashing of the charges. In the instant matter also this Court is of the firm view that if the complaint is allowed to be proceeded with it would amount to abuse of the process of Court on the basis of the facts and circumstances indicated above. ( 7 ) IN the result the petition succeeds and is allowed. Criminal proceedings of Criminal Case No. 1086 of 1983, Nizam v. Noor Jahan pending in this Court of Mahanagar Magistrate, Corporation, Kanpur Nagar are hereby quashed. The interim order dated 1-1-1985 is vacated. Office is directed to inform the Court concerned about this order at the earliest. Petition allowed.