NAGALINGAPPA TATTI Vs. BHAGYASHREE

JUDGEMENT

(1.) This petition is filed by petitioners-accused under Sec. 482 of Crimial P.C. praying the Court to quash the proceedings and also order, dated 03.04.2013 passed by the Addl. Civil Judge and J.M.F.C., Gangavathi in P.C.No.13/2013, which is an order directing to register criminal case for the offence punishable under Sec. 494 of Penal Code and ordered to issue summons to the accused. Hence, the petitioners have also sought for quashing of all the proceedings in the said case as against the petitioners herein.

(2.) The averments in the private complaint are that the respondent herein, who is complainant, is the legally wedded wife of petitioner No. 1/accused No. 1 and their marriage was duly solemnised on 05.05.1999 at Sri. Channabasavaswamy Kalyana Mantapa, Gangavati, in the presence of their parents, relatives and well-wishers and both the parties, according to the customs and rituals of Kurubeenashetty Samaja. In the said wedlock, children namely Kumar Vishwaraj and Kumar Vijetaraj were born to the couple. Since the beginning of the date of marriage of the complainant with accused No. 1, accused No. 1 after few months treated with cruelty at the instance of his relatives and insisted the complainant to bring additional cash, gold, etc., as the complainant is the only daughter to her parents. After accused No. 1 has deserted the complainant and her children and neglected in maintaining the complainant though he has got sufficient source of income, complainant filed Cri.Misc.212/2012 under Sec. 125 of Crimial P.C. and the said matter is pending. In the month of July, 2012, the complainant has smelt that accused No.1 has contracted 2nd marriage as his parents were oftenly insisting him to contract 2nd marriage, if the complainant is not satisfied with their additional demand. Accused No. 1 was also self-interested to contact 2nd marriage. In the month of Dec. i.e., on 22.12.2012, when accused No. 1 has filed his objection to the Criminal Misc.Petition, the complainant started to investigate the fact of 2nd marriage of accused No. 1 and on 29.12.2012, complainant came to know that accused No. 1 contracted 2nd marriage with accused No. 2 at the instance of accused Nos. 3 to 9. Hence, on the basis of the said complaint, case came to be registered against the petitioners herein and also the process was ordered to be issued by the order of the learned J.M.F.C. Court.

(3.) Heard the arguments of the learned counsel appearing for the petitioners-accused and also the learned counsel appearing for the respondent-complainant.