NIRANJAN HEGDE Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner calls in question registration of a crime in Crime No.139 of 2022 for offences punishable under Ss. 304B , 313 and 498A of the IPC.

(2.) Though the matter is listed in orders, with the consent of parties, it is taken up for final hearing.

(3.) Brief facts leading to the filing of the present petition, as borne out from the pleadings, are as follows:- The petitioner is the husband of one S.V.Raksha, who dies committing suicide. The complainant/2nd respondent is her father and father-in-law of the petitioner. Marriage between the petitioner and S.V.Raksha takes place on 11/12/2017 at Chikmagalur. The same came to be registered on a later date. It is the case of the petitioner that relationship between the wife and the husband did not go well immediately after marriage and they had serious compatibility issues between them. When incompatibility became inevitable, the daughter of the complainant appears to have left the matrimonial home and began to reside with her parents at Bangalore. All efforts of reconciliation which were on for over two years are said to have failed. On the score of irreconcilable incompatibility both the petitioner and the daughter of the complainant filed an application for divorce under Sec. 13B of the Hindu Marriage Act, by mutual consent, in M.C.No.2415 of 2022. An application is also filed for waiver of 6 months period for separation by mutual consent. During the pendency of the said petition before the Family Court, it transpires, on the morning of 13/6/2022 when the petitioner was at Mysore, he received a call from his mother-in-law that their daughter had committed suicide by hanging herself in the bed room of the parental house and a report of suicide was made before the jurisdictional police. On the said incident, a complaint came to be registered by the complainant which becomes a crime in Crime No.139 of 2022 for offences punishable under Ss. 304B , 313 and 498A of the IPC. It is this registration of crime that drives the petitioner/husband to this Court.