GAENSH PRASAD HEDGE Vs. SUREKHA SHETTY

JUDGEMENT

(1.) Petitioners have sought for quashing of the proceedings in C.C. No. 8663/2009 pending on the file of IV Addl. C.M.M., Bangalore.

(2.) Respondent has filed a private com- plaint under S. 200 of Cr. P.C. for an offence punishable under Ss. 403, 406 of IPC inter alia alleging that, her marriage took place on 3rd December 1998 at Mangalore and they were residing at Mumbai and during which period, there were several matrimonial incidents. However, she returned to Bangalore and she was living with her mother. When she was living with her mother, the accused came and stayed for some time in search of a job, however, he could not secure the job in Bangalore and left to Mumbai where he is now working. It is her case that, as "Streedhana", the accused had received Rs. 9 lakhs from the complainant's father and that amount was lying with the accused. Complainant demanded for payment of the said amount from Bangalore and same was referred by the accused. In view of the above allegation, complainant alleges that the accused has committed the criminal breach of trust and the complainant has filed the complaint before the jurisdictional Magistrate at Bangalore.

(3.) Learned Magistrate after taking cognizance recorded the sworn statement and considering the material has issued the summons. At this stage, this petition has been filed by the petitioner.