VISHWARADHYA AND OTHERS Vs. KAVITA

JUDGEMENT

(1.) Petitioners are accused in P.C. No. 11/2012 pending on the file of JMFC, Jewargi, registered for the offences punishable under Sections 323, 494, 504, 114, 120 r/w. Section 149, of IPC. By the impugned order dated 02.03.2012, process is issued against all the accused/petitioners herein. Proceedings are initiated based on the complaint lodged by respondent No. 1.

(2.) THE records reveal that respondent No. 1 is the wife of first petitioner - Vishwaradhya Bindagi. Respondent No. 1 alleges that petitioner No. 1 herein married Saraswathi once again during the subsistence of the first marriage. According to the first respondent, second marriage of first petitioner was performed on 09.12.2011. Petitioner Nos. 2 to 11 are the near relatives of petitioner No. 1. It is further relevant to note that petitioner Nos. 2 and 3 are the parents of petitioner No. 1, petitioner Nos. 4, 6 and 9 are the brothers of petitioner No. 1 and others are near relatives of petitioner No. 1, The marriage of first respondent has taken place with the first petitioner on 15.05.2009. It seems differences have arisen between the parties. The first information was lodged by the first respondent before Jewargi Police on 05.01.2012 alleging harassment. The said information was registered in Crime No. 3/2012 for the offences punishable under Sections 506, 498 -A, 504, 149, 323 of IPC. The investigation of the said matter is still pending. In the said complaint dated 05.01.2012, respondent No. 1 (complainant) has not alleged that the first petitioner has married Smt. Saraswathi second time. In the said complaint dated 05.01.2012, she has merely stated that the mother of first petitioner has threatened the complainant that the first petitioner would be marrying another girl. When the facts stood thus, another complaint came to be lodged before the Civil Judge (Junior Division) Jewargi, which came to be registered in P.C. No. 11/2012 for the offences punishable under Sections 494, 114, 504, 323, 149 120 of IPC. The sum and substance of the complaint is that the first petitioner married Smt. Saraswathi on 09.12.2011 and all other accused including petitioner Nos. 2 to 11 participated in the second marriage. The offence of bigamy is alleged. Process is issued by the Magistrate Court, based on the complaint and sworn statements recorded.

(3.) EVEN assuming that the statements of PWs. 1 and 2 recorded during the course of the enquiry before the Magistrate Court are true, then the case is made out only against petitioner No. 1 and Smt. Saraswathi. No case is made out against petitioner Nos. 2 to 11. Only vague allegations are made against petitioner Nos. 2 to 11 to the effect that all of them co -operated with petitioner No. 1 for second marriage. As to how they co -operated and what was the role of petitioner Nos. 2 to 11 is not spoken to by PWs. 1 and 2. Thus, proceedings as against petitioners 2 to 11 are liable to be quashed. Moreover, as aforementioned, in the first information dated 05.01.2012, the complainant has not whispered about the alleged second marriage between the first petitioner and Smt. Saraswathi, though she is stated to be an eyewitness to the alleged second marriage. However, in the complaint filed on 22.02.2012 before JMFC Court, Jewargi, she alleges that the marriage has taken place on 09.12.2011 and she went to the spot and saw the second marriage. If the complainant had really seen the alleged second marriage that took place on 09.12.2011, she would not have failed to mention the same in her first information dated 05.01.2012.