BANASHANKARI Vs. LAXMAN S/O BHIMAPPA KISHORE

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and the learned counsel for the respondents.

(2.) The petitioner was the complainant alleging that her husband - Respondent No.1 had committed offences punishable under Sections 323, 354, 504, 506, 498 -A read with Section 34 of the Indian Penal Code, 1860 (hereinafter referred to as 'the IPC', for brevity) and that he had even contracted a second marriage with the second respondent, during the subsistence of the complainant's marriage. The Magistrate having been satisfied prima facie, had initiated process to summon the respondents, at which stage the said order was challenged by both the first and second respondents before the court below. They had filed independent petitions, which had been allowed, while the court below has set aside the order passed by the Magistrate as if the matter was considered on its merits. At the initial stage where the Magistrate was exercising his discretion on a prima facie finding, the same could not have been addressed by the Revisional Court in such judgment, which was yet to come on record. Accordingly, the quashing of the proceedings before the Magistrate was not justified at a nascent stage of the proceedings, whereas it would be open for the respondents to establish before the Magistrate himself that the case filed by the present petitioner was false, frivolous and that the petitioner was given to filing such cases repeatedly and withdrawing the same at her whim and fancy. If these materials are made available to the Magistrate, it would be open for him to deal with the case accordingly. There is no warrant for the revisional court to interfere.

(3.) Therefore, leaving the serious controversy as to whether the first respondent has indeed married the second respondent and whether there was any substance in the allegations made by the complainant, which shall be left open for consideration by the Court of the Magistrate, the impugned order is however quashed and set -aside. The matter before the Magistrate stands revived and shall be taken up from the stage at which it was quashed by the Revisional Court.