VINOD KUMAR Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) Leave granted.

(2.) We had taken up the proceedings on 16/12/2021 for hearing at which stage we were not satisfied with the investigation. We were satisfied with the material placed on record that marriage did take place between the appellant No.1 and the girl viz. Spoorthi willingly and it appears that things have not worked out. We had formed a view that undisputedly Spoorthi had gone away with the appellant No.1 and married him on her own but later on had second thoughts on both accounts i.e. family reasons and in alleged premarital love affairs of the appellant No.1. Thus, no case under Sec. 376 of the Indian Penal Code was made out. In order to find out amicable settlement, we had asked both the parties i.e. appellant No.1 and the girl to be connected. We have heard them. It is clear to us that Spoorthi does not want to have any relationship with the appellant No.1 viz. Vinod Kumar and is desirous of pursuing education and proceeding further with her life.

(3.) The fact that the relationship has become completely soured is also apparent from the fact that Vinod Kumar has also filed proceedings for divorce on the grounds of cruelty which has been registered as M.C. No.63 of 2019 pending before the Senior Civil Judge, Kollegala Chamrajanagar in which no response has been filed despite notice.