GOPI R MALLYA Vs. PUSHPA

JUDGEMENT

(1.) This petition is filed u/S. 482, Cr. P.C. questioning the order passed by the learned 7th Addl. C.M.M., Bangalore, taking cognizance of the offence and directing to issue process to the petitioner herein.

(2.) The brief facts of the case are : the petitioner is the husband of respondent and their marriage was solemnised in the year 1980. They lived happily for about 13 years. To his utter dismay on 26-3-93 when the petitioner returned home in the afternoon, he found his wife committing adultery with a stranger. Thereafter, the relationship of husband and wife became strained and they never lived as husband and wife. On 4-1-93 the husband filed a petition for divorce in M.C. No. 716/93 before the Addl. Prl. Family Court, Bangalore. In that petn. he has made a specific allegation in regard to adultery committed by the wife/respondent on that particular day. When the matter was pending before the Family Court, on 19-1-94 the respondent lodged a complaint against the petitioner for the offence under S. 500, IPC on the ground that he has made false and reckless allegations which defamed her in the eye of the public, etc. The learned Magistrate had taken cognizance of the offence, recorded the sworn statement of the complainant therein and directed to issue process. The petitioner appeared before Court and before the plea was recorded, he filed this petition to quash the entire proceedings.

(3.) Heard.