MOHAMMED MUSHTAQ G.K Vs. STATION OF KARNATAKA

JUDGEMENT

(1.) The FIR was lodged by the second respondent alleging that she is the legally wedded wife of petitioner-accused No.1 and their marriage was solemnized on 30/4/2009 and a son is born out of the said wedlock. It is alleged that petitioner - accused No.2 and 3 are the parents-in- law. It is further alleged that after the marriage, the couple were residing at the matrimonial house at Bengaluru. In the year 2013 they left to USA and continued their marital life and they returned back to India in 2015. It is further alleged that due to the harassment meted out to her, she left the matrimonial home in August 2015 and continued to live with her son at her parental house. The police after investigation submitted the charge sheet for the offences punishable under Sec. 498(A) , 323 , 504 of IPC. Learned Magistrate after accepting the charge sheet took cognizance of the aforesaid offences and issued summons. Taking exception of the same, this petition is filed.

(2.) I have examined the submission made by learned counsel for the parties.

(3.) On perusal of the complaint, it is seen that the second respondent left her marital home in August, 2015 due to the alleged harassment meted out to her by the petitioners - accused and continued to live in her parental home. Thereafter she field a suit for dissolving her marriage with accused No.1 in June 2016 before the jurisdictional Court. The FIR was lodged by her with the first respondent- police on 24/1/2018 without disclosing the filing of the suit for divorce. There is no explanation whatsoever offered in the FIR that she has filed a suit for dissolving her marriage with petitioner - accused No.1. The FIR was lodged by the second respondent only after the petitioner - accused No.1 filed a private complaint for defamation against her bother and sister. The second respondent without disclosing the filing of the suit for divorce and also the filing of the private complaint by the petitioner - accused No.1 against her brother and sister lodged the FIR. Further Perusal of the FIR also indicates that there is no specific allegation as to how and in what manner she was subjected to cruelty by each of the accused except making omnibus and general allegations.