SIDDAMMA Vs. SUJAYA V

JUDGEMENT

(1.) Ms. Raksha Keerthana K., learned counsel for Sri. Kemparaju, learned counsel for the petitioners.

(2.) In this petition under Articles 226 and 227 of Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code' for short), the petitioner inter alia seeks quashment of proceedings in C.C.No.838/2012 pending before the Judicial Magistrate First Class, Mandya against the petitioners.

(3.) The facts giving rise to filing of this petition briefly stated are that the marriage between Anand Kumar K.B. and the respondent was performed on 16.03.2003. It is the case of the respondent that during the subsistence of the marriage with the respondent, the aforesaid Anand Kumar K.B., has married again. The respondent thereupon, filed a complaint on 04.02.2012 against the petitioners as well as her husband, namely, Anand Kumar K.B. for the offence punishable under Section 494 read with Section 109 of the Indian Penal Code. The learned Magistrate by an order dated 08.08.2012 has taken cognizance of the offence punishable under Section 494 read with Section 494/109 of the IPC and has issued processes against the petitioners.