Vague or farfetched allegations should be scrutinized, and if found frivolous, they should be quashed. Sections 504 and 506 of the IPC should not be loosely invoked without proper justification.

ORDER :

1. The petitioner is before this Court calling in question the proceedings in C.C. No.2127/2018 registered for offences punishable under Sections 498A, 504, 506 of the IPC.

2. Facts adumbrated, are as follows:

The 2nd respondent is the complainant – wife of the petitioner – accused No.1. The two are married for over 15 years as on the date of registration of the complaint, and have a 14 years old son from the wedlock. It transpires that the relationship between the petitioner and the complainant floundered, on several grievances between the two. On such floundering of relationship between the two, a compliant comes to be registered by the 2nd respondent on 26.08.2016 initially for the offences punishable under Sections 498A, 323, 324B, 504, 506 and 34 of the IPC. On registration of the crime, in Crime No.79/2016, the Police conducted investigation and the result of the investigation is filing of the charge sheet only against the petitioner. All the other members of the family who were arrayed as accused at the time when the crime was registered, were all dropped. The filing of the charge sheet and taking of cognizance by the concerned Court is what drives the petitioner to this Court is the subject petition.

3. Heard the learned counsel Sri.K.S.Patil appearing for the petitioner and the learned counsel Sri.G.I.Gachhinamath and the learned HCGP for the respondents.

4. The learned counsel Sri.K.S.Patil would seek to contend that the narration in the complaint is only a day today happenings in the family between the husband and wife. Triviality is nullified and is sought to be projected as a crime against the petitioner for offences punishable under Sections 498A of the IPC. He would further contend that neither the complaint nor the summary of the charge sheet would indicate any ingredient of offences punishable under Sections 498A or 504 or 506 of the IPC.

5. On the other hand, learned counsel Sri.G.I.Gachhinamath representing the 2nd respondent – complainant would vehemently refute the submissions of the learned counsel appearing for the petitioner contending that the complaint narrates everything, it may not be worded in a manner of a good draft contains the allegations against the husband in the least and therefore, further proceedings should be permitted to be continued. He would take this Court through the further statement recorded by the complainant to demonstrate that there are allegations against the petitioner specifying certain overt acts.

6. The learned HCGP would toe in the lines of the learned counsel appearing for the 2nd respondent in seeking dismissal of the petition as the Police have filed the charge sheet and the matter is to be tried and it is for the petitioner to come out clean in the trial.

7. I have given my anxious consideration to the submissions made by the respective counsel and have perused the material on record.

8. The afore-narrated facts of the relationship between the petitioner and the complainant are not in dispute. The marriage between the two, was by the date of registration of the crime 15 years old, and the couple had a 14 years old son from the wedlock. On 25.08.2016 happening of an incident between the husband and wife is sought to become the fulcrum of the complaint. The content is that the complainant asks for money to bring certain material for performance of pooja that is not accepted by the husband. The rejection is projected to be a quarrel between the two and a complaint is registered. Since the entire issue has now sprung from the complaint, I deem it appropriate to notice the complaint so registered by the 2nd respondent which reads as follows:

9. The complaint initially was against all the members of the family. The Police conduct investigation and the result of such investigation is dropping of all other members of the family, from the array of accused. But retaining the husband, as sole accused for the offences punishable under Sections 498A, 504, 506 of the IPC. The summary