SURESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) HEARD learned counsel for the petitioners, learned High Court Government Pleader for respondent No. 1 -State and learned counsel for respondent No. 2. Perused the records.

(2.) THE petitioners herein have approached this Court for quashing of the proceedings in P.C. No. 142/2013, which was later registered as C.C. No. 858/2013. The private complaint was filed against the petitioners for the offences punishable under Sections 494, 109 and 114 read with Section 149 of the Indian Penal Code, 1860 (hereinafter referred to as 'I.P.C.' for brevity).

(3.) PER contra, learned counsel for respondent No. 2 submitted that the offence alleged against petitioner No. 1 under Section 494 of I.P.C. is altogether different from the allegations made against the remaining petitioners. The allegations made against other petitioners are that they have abetted, co -operated and participated in the performance of second marriage of petitioner No. 1 with accused No. 2. The overt acts of petitioners have been categorically stated in the complaint at para 9. At the time of filing the complaint, complainant has also filed photographs, particularly video of the second marriage. The trial Court has to appreciate all the materials to arrive at a conclusion about the active participation of petitioners in the second marriage and then only this Court cannot come to any conclusion with regard to overt acts of the petitioners at this stage. Therefore, he contends that, at the threshold, this Court cannot interfere with the order passed by trial Court, which is a well reasoned one.