Though this petition is listed for admission, with the

consent of learned counsel for the parties, it is taken up for

final disposal.

Heard the learned counsel for the petitioner,

the learned High Court Government Pleader for respondent

No.1, learned counsel for respondent No.2 and respondent

No.2 - Dr.Sushma, the complainant, who is present before

the Court.

3.

This petition is filed under Section 482 of

Cr.P.C. with the following prayer:

"The petitioner

praying to allow the

above

petition

and

quash

the

FIR

and

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complaint in Crime No.34/2021 registered by

the Women Police Station, Kalaburagi pending

on the file of the learned I Addl. Civil Judge

(J.D.) and JMFC, Gulbarga, for the offence

p/u/Sec.420 and 504 of IPC."

Brief facts of the case are as under:

The complainant/Dr.Sushma filed a complaint with

Kalaburagi City Women police station against the petitioner

herein for the offences punishable under Section 420 and

504 of IPC, which was registered in Crime No.34/2021 on

07.02.2021. In the complaint, it is contended that the

petitioner herein was also a doctor and he has put up a

profile. Based on the said profile, the complainant was

interested to marry the petitioner herein after he obtains

divorce decree in respect of his first marriage. It is further

alleged that before conclusion of divorce proceedings, the

petitioner herein insisted for physical relationship with the

complainant, which was opposed by the complainant.

There were repeated requests on behalf of the petitioner

herein. However, the complainant did not agree for the

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same. Subsequent thereto, the complainant came to know

that the petitioner herein had married another woman. It

is further contended that before petitioner herein married

second time, the complainant was made to believe that the

petitioner was interested in her and thereby emotionally

complainant got attached to the petitioner and after his

marriage for the second time, she felt that she has been

cheated by the petitioner and longer conversation with the

petitioner had made her to believe that he would be

marrying her after he obtains necessary divorce decree in

respect of his first marriage. It is also contended that

when he was actually participating in the marriage

reception of the second marriage, he had falsely

represented to the complainant that he is out of station.

Being

disgusted

attitude

and

conduct

of

the

accused/petitioner, the complainant lodged a complaint

with Kalaburagi City Women police station in Crime

No.34/2021 for the offences punishable under Sections

420 and 504 of IPC against the petitioner.

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4.

The petitioner has challenged the registration

of the case by the police on the following grounds:

That the petitioner is an innocent of the offences

alleged against him and he has been falsely

implicated in the above case at the instance of his

well-wishers through the complainant.

That nowhere in the FIR and the complaint

averred any allegation against the petitioner that

he has cheated the complainant and even if it is

attempted to be said so if a person may be

deceived quite innocently, but such deception can

never amount to cheating.

That in order to constitute offence under section

420 of IPC, there must be some inducement by

the accused/petitioner to the complainant at the

initial stage.

That for the convenience of this Hon'ble Court

Section 420 IPC is reproduced as under:

S.420.

Cheating

and

dishonestly

inducing

delivery of property:-

Whoever

cheats

and

thereby

dishonestly

induces the person deceived to deliver any property

to any person, or to make, alter or destroy the whole

or any part of valuable security, or anything which is

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signed or sealed, and which is capable of being

converted into a valuable security, shall be punished

with imprisonment of either description for a term

which may extend to seven years, and shall also be

liable to fine.

S.504.Intentional insult with intent to provoke

breach of the peace:

Whoever intentionally insults, and thereby g