SHIVAPPA BHIMAPPA HOLLEPPANAVAR Vs. RASHMI

JUDGEMENT

(1.) These two petitions are filed under section 482 of Cr.P.C., seeking to quash the proceedings in C.C.No.1165/2018, pending on the file of I Addl. Civil Judge and JMFC, Athani, for the offence punishable under section 494 of IPC. Since both the petitions are filed to quash the same proceedings, they are heard together and disposed of by this common order.

(2.) The brief facts of the case are that, the respondent Rashmi @ Reshma filed a private complaint before the Court below under section 200 of Cr.P.C., against accused Nos.1 to 23 for the offence punishable under sections 498A and 494 of IPC. She has alleged in the complaint that she is the legally wedded wife of accused No.1 Suresh and that their marriage was performed on 21.6.2008 at Alagur village of Jamakhandi taluk in her parental house. She has alleged that accused No.1 subjected her to cruelty and harassment and he rejected her in the family life. She has further alleged that on 9.11.2016, accused No.1 has married 2nd accused stealthily and accused Nos.3 to 23 instigated accused Nos.1 and 2, to perform the said marriage. She has also stated that accused Nos.3 to 23 were present in the second marriage and have taken active participation. Therefore all the accused have committed the offence punishable under section 494 and 498A read with section 34 and also under section 120B of IPC.

(3.) The trial Court on the basis of the said complaint, took cognizance of the offence under section 494 of IPC against accused Nos.1 to 23 and for the offence punishable under section 498A of IPC against accused No.1 and ordered to issue summons to the accused persons.