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Judgment
Rajendra Badamikar, J
This petition is filed under Section 482 of Cr.P.C. for quashment of the order of taking cognizance and issuance of process dated 31.08.2018 in C.C.No.495/2019, arising out of Crime No.199/2018 of Basavana Bagewadi police station, pending on the file of the Senior Civil Judge and JMFC, Basavana Bagewadi, registered for the offences punishable under Sections 323, 341, 504 and 506 of IPC.
It is the case of the prosecution that the complainant i.e., respondent No.2 herein is the wife of the petitioner and their marriage was solemnized four years prior to the alleged incident. It is further contention of the prosecution that there were certain matrimonial discord between the petitioner and respondent No.2 and as such, respondent No.2 has taken shelter in her parental house and filed a maintenance petition. It is alleged that by taking this as an issue, on 30.06.2018, in front of a degree college of Basavana Bagewadi, the petitioner has picked up quarrel with respondent No.2 in respect of filing of the maintenance petition and assaulted her by hands, kicked her, causing simple injuries and also abused and threatened her and in this regard a complaint came to be lodged. On the basis of the complaint, the Investigating Officer has investigated the crime and submitted the charge sheet against the petitioner herein.
The learned Magistrate has taken cognizance of the offences vide order dated 31.08.2018 and issued the process. Thereafter, the petitioner was also enlarged on bail. Subsequently, the matter was set down for hearing before charge and in the year 2022, the petitioner has filed this petition for quashment of the said proceedings.
Heard the arguments advanced by the learned counsel for the petitioner, learned High Court Government Pleader for respondent No.1 – State and the learned counsel for respondent No2. Perused the records.
The learned counsel for the petitioner would contend that the relationship between the parties is admitted and in order to overcome the decree for a restitution of conjugal rights, this complaint came to be lodged. He has also invited the attention of the Court by contending that the petitioner is suffering from 75% of permanent disability and hence, he would contend that the complaint is filed only to harass the petitioner. As such, he would seek for quashment of the proceedings.
Per contra, learned High Court Government Pleader for respondent No.1 and the counsel for respondent No.2 would contend that the complaint was filed one year after an exparte decree passed in a petition for restitution of conjugal rights and a maintenance order was also passed in favour of respondent No.2 herein. With this vengeance, the petitioner has committed the alleged offences and he is a highly qualified person and in order to overcome the payment of maintenance awarded in favour of respondent No.2, this petition is filed. Hence, they sought for rejection of the petition.
Having heard the arguments and perusing the records, the allegations disclose that the alleged offences said to have taken place on 30.06.2018. Admittedly, the marriage was solemnized on 02.07.2018 between the petitioner and respondent No.2. The allegations further disclose that there are certain matrimonial disputes between the parties and respondent No.2 has taken shelter in her parental house. It is evident from the records produced by the petitioner that he has filed a petition for restitution of conjugal rights in M.C.No.164/2016 and the same came to be allowed by granting a decree of restitution of conjugal rights.
The records further disclose that the petitioner has also filed a petition under Section 7 of the Guardian and Wards Act for custody of the child. The said matter is still pending. The records also disclose that respondent No.2 has also initiated the proceedings in Criminal Misc.No.302/2019 for maintenance and maintenance was awarded in her favour. The said petition was under Section 12 of the Protection of Women from Domestic Violence Act, 2005, making the allegations regarding domestic violence. Considering these aspects, there is material evidence to show that the relationship between the parties is strained. Apart from this, the allegations made in the case are one year subsequent of decree for restitution of conjugal rights. Further, the order sheet in the criminal case discloses that the learned Magistrate has taken cognizance of the offences on 31.08.2018 itself and later on, the petitioner appeared on 05.11.2018 and was enlarged on bail. The matter was kept for hearing before charge, but, in the year 2022, the petitioner has filed the present petition for quashment of the proceedings. This delay on the part of the petitioner clearly discloses his intention. Merely the petitioner is a handicapped person, cannot be presumed that he is an innocent person. The charge sheet material discloses that there are eyewitnesses and it is supported by the medical records. All these facts are required to be tested only during the course of trial. As such, petition being devoid of any merits, does not survive for consideration. Accordingly, I proceed to pass the following:
ORDER
The petition stands dismissed.
In view of disposal of the main petition, pending application does not survive for consideration and the same is dismissed.