BASAWWA Vs. SRI NINGAPPA

JUDGEMENT

(1.) THIS petition is filed against the order passed by the JMFC, Gokak in C.C.No.724/2004 for the offence punishable u/s 141, 142, 143, 147, 323, 441, 504, 506 r/w Section 149 of IPC and taking cognizance and issuing process.

(2.) RESPONDENT No.1 is said to have filed a complaint before the learned Magistrate on 29.10.2001 for the offences punishable U/s 200 of Cr.P.C. stating that the respondent No.l and petitioner No.l are husband and wife and that their marriage had taken place about 20 years back the daughter by name Nirmala was born to them on 29.11.1982 out of the wedlock. Petitioner No.2 is the brother of 1 petitioner. Petitioner No.3 is the wife of 2nd petitioner. Petitioner No.4 is brother of the 1st petitioner and petitioner No.5 is the wife of 4th petitioner. Petitioners 6 to 8 are the sons of petitioner No.4 and 5. Petitioner No.9 is son of 1st petitioner's brother and petitioner No. 10 is the mother of petitioner No.9. Petitioner No. 11 is son of the maternal uncle of petitioner No.l. Except petitioner No.11 the remaining petitioners are permanently residing at Urbinhatti. According to the complainant, a quarrel arose between petitioner No.l about one year prior to the filing of the complaint regarding the performance of the marriage of Nirmala the daughter of petitioner No.1 and respondent No.1 as respondent No.l was not willing to give his daughter Nirmala in marriage stating that she was still minor. However, after the quarrel petitioner No.l and her daughter Nirmala went to the paternal house of petitioner No.l without informing to the respondent-complainant. On 11.08.2000 petitioner No.l at the instance of her brother and relatives performed the marriage of Nirmala with petitioner No.6 before the Sub- Registrar, Gokak. Complainant is said to have lodged a complaint before Ankalgi police station. Since no action was taken, he filed a private complaint alleging that on 27.10.2001 all the petitioners forming themselves into unlawful assembly assaulted him with hands as he had objected to marriage of Nirmala with petitioner No.6 and that petitioner No.1 instigated brothers to assault this complainant and as such brothers of petitioner No.1 assaulted the complainant and abused them in a filthy language and he was warned with dire consequences. On the basis of the private complaint after recording the evidence, the Magistrate taking cognizance issued process on 30.06.2004 as against which the revision was also filed before the Principal Sessions Judge, Belgaum, who had dismissed the said revision. Hence, this petition is filed u/s 482 seeking for quashing of the said order.

(3.) LEARNED Counsel for the respondent has vehemently contended that even the petitioners have filed the revision petition before the Sessions Judge, who in turn has dismissed the revision prima facie holding that case is made against the petitioners and has sought for dismissal of the petition.