DEVA PRASAD REDDY Vs. KAMINI REDDY

JUDGEMENT

(1.) THE petitioner who is the accused in CC No. 15057 of 1997 on the file of the 6th Additional Chief Metropolitan Magistrate, Bangalore for an offence under Section 494 is seeking quashing of the complaint by resorting to Section 482 of the Cr. P. C. The respondent-complainant alleged that the petitioner, was found on 16th of May, 1992 to have had an extra marital relationship with one Smt. Nageena and had taken the said Nageena as an wife during the subsistence of her marriage with the petitioner and thus, the accused-petitioner is guilty of the offence under Section 494 of the IPC.

(2.) THE petitioner has sought to challenge the taking of cognizance of the offence under Section 494 IPC on the ground that in O. S. No. 130 of 1995 filed by the complainant, the legitimacy of the marriage between the complainant and the petitioner is in question, besides the petitioner's application for amendment in MC 232 of 1996 on the file of the family Court, Bangalore. Thus the very foundation of the complainant's case is in question before the competent civil Court and therefore the proceedings on the criminal side instituted by the respondent would have to be quashed by exercising the petition under Section 482, Cr. P. C.

(3.) THE learned Counsel for the petitioner sought to contend that in the event of the decree in O. S. No. 130/95 being passed in favour of the petitioner, the alleged second marriage of the petitioner in contravention of Section 494, IPC would have to be fall to the ground and therefore the proceedings initiated by the complainant (respondent herein) would have to be terminated. Ultimately, the whole contention boils down on to the situation as to whether the civil proceedings and the criminal proceedings pending between the parties should be allowed to continue or whether the criminal proceedings should be quashed as now sought.