HANUMAREDDI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) HEARD the learned Counsel for the petitioners and respondent No.2 and also the learned High Court Government Pleader for respondent No.1. Perused the records.

(2.) THE petitioners have sought for quashing of the proceedings in C.C.No.249/2013 on the file of the Civil Judge (Jr.Dn.) and JMFC, Laxmeshwar against the petitioners for the offences punishable under Section 494 of the Indian Penal Code, 1860.

(3.) THE records disclose that, the respondent No.2 herein lodged a private complaint in P.C.No.44/2009 against these petitioners and others i.e., totally against 15 persons, for the offence punishable under Section 494 R/w. Section 149 of IPC. It is specifically alleged in the complaint that, the complainant is the legally wedded wife of the accused No.1 and their marriage took place on 02.07.1998. They were blessed with two female children. Thereafter, some quarrel started and there was a rapture in the matrimonial relationship. Thereafter, it is specifically alleged that, on 17.10.2009, all the other accused persons have hatched a conspiracy for the purpose of performing of marriage between accused Nos. 1 and 2, knowing fully well that the second marriage is illegal and that the first wife complainant was alive and there was no divorce between the 1st accused and the complainant. The learned Magistrate after going through the contents of the complaint took cognizance, recorded the sworn statement of the complainant and statement of one witness and thereafter found sufficient materials to proceed against the accused. Hence by passing a detailed order, the learned Magistrate issued summons to the accused Nos.1 to 9 for the offence punishable under Section 494 R/w. Section 109 of IPC. The learned Magistrate was so reluctant to issue summons insofar as accused Nos. 10 to 15 are concerned.