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Karnataka High Court

Raghuanth Nagappa Moore vs Kalpana Claiming Herself To Be Wife Of ... on 21 June, 2013

                          1




        IN THE HIGH COURT OF KARNATAKA
           CIRCUIT BENCH AT DHARWAD

      DATED THIS THE 21 S T DAY OF JUNE 2013

                      BEFORE

     THE HON'BLE MR.JUSTICE A.S.PACHHAPURE

         CRIMINAL PETI TION No.10321/2013


BETWEEN

1.    RAGHUANTH NAGAPPA MOORE
      AGED ABOUT 40 YEARS
      OCC: AGRICULTURE
      R/O.JAMBAGI, K.D.,
      TQ: JAMKHANDI, DIST: BAGALKOT

2.    REKHA RAGHUNATH MOORE
      AGED ABOUT 23 YEARS
      OCC: AGRICULTURE
      R/O.JAMBAGI, K.D.,
      TQ: JAMKHANDI, DIST: BAGALKOT
                                      ..... PETITIONERS

(BY SRI G I GACHCHINAMATH & SRI VEERESH H.M., N.B.
NISHA;NIMATH, ADVS.)


AND

KALPANA CLAIMING HERSELF TO BE WIFE OF
RAGHUNATH MOORE,
AGED ABOUT 27 YEARS, OCC: NIL
R/O.NEAR LINGADAKATTI
JAMBAGI ROAD, JAMKHANDI
TQ: JAMKHANDI, DIST: BAGALKOT
                                 ..... RESPONDENT
                                 2




     THIS CRIMINAL PETITION IS FILED U/S 482 OF
CR.P.C. SEEKING TO QUASH THE ENTIRE PROCEEDINGS
IN C.C.NO.46/2012 ON THE FILE OF THE PRL. SENIOR
CIVIL JUDGE & JMFC, JAMKHANDI, INSOFAR AS
PETITIONERS CONCERNED.

    THIS CRIMINAL PETI TION COMING ON FOR
ORDERS, THIS DAY, THE COURT MADE THE
FOLLOWING:



                            ORDER

The petitioners are before this Court challenging the order of taking cognizance for the offence under Sections 494 & 109 of IPC.

Perusal of the material placed on record reveals that the first petitioner is the person, who is alleged to have married the respondent and to this extent, there is an allegation in the complaint. The complaint also reveals about the customary marriage amongst the first petitioner and the respondent. In such circumstances, I do not think that this Court can interfere with the order of taking cognizance against the petitioners. 3

In the result, the petition has no merits and it is dismissed accordingly.

SD/-

JUDGE Naa