SAHADEVAPPA DODDASIDDAPPA Vs. CHANNAPPA

JUDGEMENT

(1.) HEARD the learned Counsel for the petitioner and perused the records.

(2.) THE respondent No.1 Sri. Channappa lodged a private complaint against his wife Smt. Geeta who is arrayed as respondent No.2 herein and also against this petitioner alleging offences under Sections 494 and 497 of I.P.C.

(3.) THE learned Counsel strenuously contended that even translating the entire allegations made in the complaint and also the sworn statement, it does not disclose any material to attract the provisions under section 494 or under section 497 of I.P.C. in order to continue the prosecution against this petitioner. He also contends that there is no proof given by the 1st respondent against this petitioner and as well as the 2nd respondent to show their illegal relationship between each other. He also contends that earlier in Criminal Petition No. 100413/2014 this Court was pleased to quash the proceedings against the 2nd respondent herein. Therefore, for all these reasons he contends that continuation of the prosecution amounts to abuse of process of the Court against this petitioner and hence, the proceedings in C.C. No. 1171/2013 on the file of the JMFC -II Court, Hubli is liable to be quashed.