NINGAPPA Vs. BASAWWA

JUDGEMENT

(1.) THE present petition is filed by the accused Nos.3, 4, 7 and 8 in C.C. No.99/2013 on the file of the Civil Judge and JMFC, Yelburga, which is registered for the offence under Section 494 r/w 17 of Hindu Marriage Act against the petitioners and others.

(2.) AT the time of arguments, the learned Counsel for the petitioners strenuously taken up the contention that the accused No.1 has not at all contracted the second marriage with accused No.2 as alleged in the complaint to the knowledge of the petitioners. Petitioner No.1 is the teacher in a Government School and there was a Literacy Campaign on the alleged date of second marriage. Therefore, the allegations that he attended the marriage is false. The petitioner No.3 being a teacher in Muraraji Desai Residential School and he attended the residential school even on Sunday and other holidays. Therefore, he was also not participated in the alleged second marriage. It is also contended that no role has been given to any of the petitioners herein that they have actively participated and performed the second marriage between the accused Nos.1 and 2. The learned Trial Judge without applying his mind taken cognizance and issued process against the petitioners for the offence under Section 494 of I.P.C. Therefore, the same is liable to be quashed.

(3.) IT is also contended by the learned Counsel that the alleged second marriage took place on 27.01.2013 but the complaint was filed on 05.02.2013 after a lapse of ten days. No explanation has been offered. Therefore, on this ground also it can be inferred that a false complaint has been foisted against the petitioners.