Tajamulla Hussain @ Tajamulla vs State Through Mahagaon Police Station & Others

V.Srishananda, J

Though this matter is listed for admission, with the consent of the parties, it is taken up for final disposal.

Heard Sri Avinash A.Uploankar, learned counsel for the petitioner and learned High Court Government Pleader for respondent No.1/State. Smt.Anita M.Reddy learned counsel for respondent No.2 is absent.

This petition is filed under Section 482 of Cr.P.C with the following prayer :-

"Quash the taking cognizance in C.C.No.391/2016 (Crime No.78/2015 of Mahagaon Police Station) dated 19.01.2016, for the offence punishable under Sections 323, 498(A), 504, 506, 109 read with Section 34 of IPC, pending before the court of I Addl. Civil Judge and J.M.F.C. At Kalaburagi, against the petitioner."

Brief facts of the case are as under :-

The complainant Smt.Asma Begum is the wife of the petitioner-Tajamull Hussain, lodged a complaint with Mahagoan Police Station, Kalaburagi District which was registered in Crime No.78/2015 for the offences punishable under Sections 323, 324, 498A, 307, 504 and 506 read with Section 34 of IPC.

The complaint averments reveal that after the marriage, the complainant led a happy married life with the petitioner for a period of five years and out of her wedlock two male child are born. Thereafter, she is residing with her parental house and on 14.06.2015 at about 6.00 a.m. when she was proceeding with his younger brother along with her children for visiting the Moulali Dargha and thereafter, when they had parked the car near a hotel for lunch, petitioner and others came there and picked-up the quarrel and assaulted them and abused them in filthy language. Police after thorough investigation filed charge-sheet. The petitioner is contested the matter. The criminal case is of the year 2016 and on perusal of the order-sheet, the trial has already commenced. The complainant is also examined before the court.

Taking note of these aspects of the matter and in the light of the arguments put-forth on behalf of the parties, this court is of the considered opinion that no case is made out for quashing the further proceedings in C.C.No.391/2016.

However, since the incident is of the year 2015 and seven years has already been elapsed from the date of incident, if the trial is expedited ends of justice would be met. Accordingly, pass the following :

ORDER

The Criminal Petition is dismissed.

The trial court is directed to expedite the matter and dispose of same on or before 30.06.2022.