B S PUTTASWAMY Vs. M C SHYAMALA KUMARI

JUDGEMENT

(1.) THE accused in C. C. No. 117/2007 on the file of the III Additional civil Judge (Senior Division) and CJM, Mysore, has filed this petition under Section 482 of Cr. P. C, praying for an Order to quash the proceedings before the Trial Court.

(2.) THE respondent No. 1 (complainant) is the wife of petitioner no. 1. The relation between them has been strained and presumably they are residing separately. For grant of maintenance the respondent no. 1 is stated to have filed C. Mis. 198/2002 against petitioner No. 1 in Family Court, Mysore, which is pending adjudication. On 29. 08. 2005, she filed a complaint alleging that petitioner No. 1 by developing illicit intimacy with petitioner No. 2, committed adultery and when she (the complainant) questioned the petitioner No. 1 about his conduct, the petitioner No. 1 with other petitioners went to the house of the complainant on 17. 08. 2005, challenged her and threatened to kill her, in case she dared to come again with members of Women Association. It is further alleged that accused Nos. 2 to 5 also threatened the complainant.

(3.) THE said complaint was referred under Section 156 (3) of crp. C. , for investigation and report and after investigation, the police submitted 'b' report. Thereafter, on the protest petition of the respondent, the learned Trial Judge directed for registration of the case against the petitioners for offences punishable under Sections 497, 506, 109 read with Section 34 of IPC. It is that Order, which has been challenged in this petition under Section 482 of Cr. P. C.