IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JULY 2019 BEFORE THE HON’BLE MR.JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.1341 OF 2016 BETWEEN:
1. Sri. Prakash S/o Late Pillappa, Aged about 42 years, Residing at Doddakallasandra Village, Kanakapura Main Road, Bengaluru-560 062.
2. Smt. Lakshmamma D/o Sri. Anjinappa, Aged about 32 years, Residing at Thammenahalli Village, Devanahalli Taluk, Bengaluru Rural District-562 110. …Petitioners (By Sri. M. Prakasha, Advocate for Sri. N.R. Naik, Advocate) AND:
Smt. Manjula W/o Sri. Prakash, Aged about 37 years, Residing at Gidaganahalli, Gowribidanur Taluk, Chikkaballapura District-561 201. ... Respondent This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, praying to set aside the order dated 15.05.2015 taking cognizance of the offence U/S 494 of IPC against the petitioners in PCR No.139/2014 and registered a case in C.C.No.517/2015, on the file of the Prl. Civil Judge (Jr.Dn.) and JMFC, Gowribidanur, produced at Annexure-B and quash the complaint filed in PCR No.139/214 and registered as criminal case in C.C.No.517/2015 on the file of the Prl. Civil Judge (Jr.Dn.) and JMFC, Gowribidanur, produced at Annexure-A.
This Criminal Petition coming on for Admission, this day, the Court made the following:
ORDER Heard learned counsel for petitioners 2. This petition is filed under Section 482 of the Code of Criminal Procedure seeking to set aside the order dated 15.05.2015,passed by the Principal Civil Judge (Jr. Dn.) and JMFC, Gowribidanur. By the said order, learned Magistrate has taken cognizance of the offence under Section 494 of Indian Penal Code.
3. On scrutiny of records, it is seen that the learned Magistrate has applied his mind to the facts of this case and has rightly taken cognizance of the offence against accused No.1. However, insofar as petitioner No.2/accused No.2 is concerned, in my view, provisions of Section 494 of IPC are not applicable to her. Section 494 of IPC reads as under:
“494. Marrying again during lifetime of husband or wife: Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.”
The averments made in the complaint do not attract the offence insofar as petitioner No.2/accused No.2 is concerned. To that extent the petition deserves to be allowed.
4. Accordingly, the petition is allowed-in-part.
Petition filed by accused No.1 is dismissed. Petition filed by accused No.2 is allowed.
Order taking cognizance insofar as petitioner No.2/accused No.2 is concerned, is set aside.
In view of disposal of the main petition, I.A.No.1/2016 does not survive for consideration and accordingly, it is disposed of.
Sd/- JUDGE BMC