NAGAPPA Vs. SHANTAMMA

JUDGEMENT

(1.) This petition is filed by the petitioners under Section 482 of Code of Criminal Procedure, praying to allow this petition by quashing the order of the court of Civil Judge and JMFC, Sindagi dated 17.06.2014 in P.C.No.30/2013 now converted into C.C.No.156/2014.

(2.) Brief facts of the case are as follows ;- The petitioner No.1 and respondent are the husband and the wife and their marriage was solemnized about 22 years back and out of their wedlock they blessed with four children. When this being the fact the petitioner No.1 developed illicit relationship with petitioner No.2 and then the petitioner No.1 had started to give harassment both physically and mentally to the respondent. Further it is alleged that the petitioner No.1 had married the petitioner No.2 as second wife and received her as second wife and for this the petitioner Nos.3 to 15 have shared common intention, abetted and instigated to petitioner No.1 to marry the petitioner No.2 and to receive the petitioner No.2 as his second wife. Therefore, with these allegations the respondent has filed private complaint under Sections 200 of Cr.P.C against the petitioners for the offence under Section 494 read with Section 149 of Indian Penal Code (IPC).

(3.) Based on the complaint and after recording the sworn statement of the respondent the learned Magistrate has taken cognizance of the offence as against the petitioners and registered the case as against the petitioners for the offence under Section 494 read with Section 149 of IPC and accordingly, issued process to the petitioners. The petitioners being aggrieved called in question the order passed by the learned Magistrate in taking cognizance of the offence against the petitioners herein, preferred the present petition.