VINAY P.D. Vs. CONICA SHAMBAYA

JUDGEMENT

(1.) This petition is filed by the husband under Section 482 of Cr.P.C. praying this Court to quash all the proceedings pending on the file of the learned Metropolitan Magistrate, Traffic Court - 1 Mayo Hall Unit Bengaluru in Crl.Misc.No.58/2016.

(2.) I have heard the learned Senior Counsel Sri M.T.Nanaiah, appearing for the petitioner and the learned counsel Smt.Geetha Menon for the respondent virtually.

(3.) The facts leading to the case are that the marriage of the petitioner and respondent was solemnized on 15.6.2008 by spending some amount. Petitioner was working in Devarashola tea estate in Tamilnadu State. The respondent was working at Bengaluru. With an intention that the petitioner would join the respondent, at weekend he or she used to come and in the night they used to return. It is further alleged that out of the said wedlock on 5.11.2009 a male child was born. From that date the petitioner without there being any reasons used to shout and cause lot of distress. It is further alleged that during May, 2011 the father of the petitioner passed away due to massive heart attach. The respondent stayed back with mother- in-law at Kushalnagar. During the said period, the petitioner used to pressurize her to quit her job at Bengaluru and take up a teaching job at kushalnagar. There were some differences of opinion between the couple. The child was admitted to school. During February, 2012 the respondent paid the fees. The petitioner never used to come home, never used to bother about the welfare of the respondent and her minor child. The petitioner used to make reckless and wild allegations through emails. It is further alleged that petitioner and respondent were living together in various places from 2008 to 2014 and subsequently on 13.4.2016 she filed an application under Section 12 of Protection of Women from Domestic Violence Act , 2005, ('Act for short) seeking protection orders, monetary reliefs etc.,. After issuance of the summons, being aggrieved by the said issuance of summons the petitioner is before this Court.