SHANTAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed under Sec. 482 of Cr.P.C. for quashment of the order of taking cognizance and issuance of process dtd. 31/8/2018 in C.C.No.495/2019, arising out of Crime No.199/2018 of Basavana Bagewadi police station, pending on the file of the Senior Civil Judge and JMFC, Basavana Bagewadi, registered for the offences punishable under Ss. 323, 341, 504 and 506 of IPC.

(2.) It is the case of the prosecution that the complainant i.e., respondent No.2 herein is the wife of the petitioner and their marriage was solemnized four years prior to the alleged incident. It is further contention of the prosecution that there were certain matrimonial discord between the petitioner and respondent No.2 and as such, respondent No.2 has taken shelter in her parental house and filed a maintenance petition. It is alleged that by taking this as an issue, on 30/6/2018, in front of a degree college of Basavana Bagewadi, the petitioner has picked up quarrel with respondent No.2 in respect of filing of the maintenance petition and assaulted her by hands, kicked her, causing simple injuries and also abused and threatened her and in this regard a complaint came to be lodged. On the basis of the complaint, the Investigating Officer has investigated the crime and submitted the charge sheet against the petitioner herein.

(3.) The learned Magistrate has taken cognizance of the offences vide order dtd. 31/8/2018 and issued the process. Thereafter, the petitioner was also enlarged on bail. Subsequently, the matter was set down for hearing before charge and in the year 2022, the petitioner has filed this petition for quashment of the said proceedings.