MALA ALIAS PADMA Vs. SHIVRAJ YAMANAPPA HIREKURUBAR

JUDGEMENT

(1.) Complainant in Crime No.248/2007 is the Revision Petitioner, who has questioned the order passed in Crl.A.No.5/2010 dtd. 2/2/2012.

(2.) Brief facts which are necessary for disposal of the Revision Petition are as under: A complaint came to be filed by the Revision Petitioner to Sindhanur Town Police on 30/12/2007 alleging that complainant is the wife of the accused and her marriage has taken place in the year 2004 before the Sub-Registrar. Thereafter, she joined the matrimonial home but there were no issues to couple. She further contended that some time in June 2004 accused took her from Gangavati to Sindhanur and kept her in a rented house and was visiting to Gangavati for his office work from Sindhanur. She also contended that on account of not begetting the children, he used to pick up quarrel with her and used to abuse in filthy language and used to assault her. The owner of the house and others have pacified the quarrel and advised him to look after her properly. She further contended that she has a suspicion that accused is having illicit relationship with somebody else. On 30/12/2007 at about 10:00 am, accused came to the house and abused her in filthy language and told her that she has to sign a divorce paper. Accordingly, she sought for action against the accused. Police registered the case under Ss. 498A, 323 and 504 of IPC and after detailed investigation, they filed charge sheet.

(3.) Learned Magistrate took cognizance of the offences alleged against the accused and framed charges. Since, the accused pleaded not guilty, trial was held.