IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MAY 2019 BEFORE THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.8100 OF 2014 BETWEEN:
MR.DILEEPA N AGE 26 YEARS, S/O B NARASIMHAIAH, RESIDENT OF NEAR MARAMMA TEMPLE, BEHIND KEB PAVAGADA, TUMKUR 561202 ... PETITIONER (BY SRI: S,VENKATESHWARAN- ADVOCATE FOR SRI. VICTOR MANOHARAN S - ADVOCATE) AND 1. THE STATE OF KARNATAKA REPRESENTED BY PAVAGADA POLICE STATION, TUMKUR DISTRICT, TUMKUR-561202 2. MS H MAMATHA AGE 31 YEARS, D/O S HANUMANTHARAYA, RESIDING VENKATESHWARA EXTENSION, PAVAGADA TOWN, TUMKUR 561202 ... RESPONDENTS (BY SRI: NASRULLA KHAN, HCGP FOR R1) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE CHARGE SHEET DATED 6.4.2013 FILED IN C.C.NO.366/13 FOR AN OFFENCE P/U/S 498-A OF THE IPC, PENDING ON THE FILE OF THE LEARNED CIVIL JUDGE (JR.DN.) & JMFC, PAVAGADA, TUMKUR.
THIS CRL.P COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Heard the learned counsel for the petitioner and the learned HCGP appearing for respondent No.1. Perused the records.
2. Petitioner has sought to quash the charge sheet dated 6.4.2013 filed in C.C.No.366/2013 for the offence punishable under Section 498A of Indian Penal Code.
3. The primary contention urged by the petitioner is that there was no marriage between himself and the second respondent and that the documents produced by the petitioner do not disclose the performance of marriage, as such, the prosecution of the petitioner for the alleged offence under Section 498A is illegal and the abuse of the process of the Court.
4. Learned High Court Government Pleader appearing for respondent No.1 has referred to the statements of the complainant well as CWs 6,7,8, 9 and 13 who have spoken about the factum of performance of marriage.
5. Having regard to the above material, at this juncture, the contention urged by the petitioner cannot be accepted as a ground to quash the proceedings. Investigating agency has produced acceptable material in proof of the accusations.
As a result, the petition is dismissed.
Liberty is reserved to the petitioner to seek for discharge before the Trial Court on such grounds available under law.
Sd/- JUDGE rs