MOHAMMAD HUSSAIN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Accused No.1 in crime No.44/2023 registered by Mangalore Women Police Station for the offences punishable under Ss. 498A, 313, 323, 504 and 506 of the Indian Penal Code, 1860 ('the IPC' for short), Sec. 4 of the Dowry Prohibition Act, 1961 and Sec. 4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019 is before this Court under Sec. 438 of the Cr.P.C.

(2.) Heard the learned counsel appearing for the parties.

(3.) On the basis of the complaint lodged by Smt. Shabana w/o of the petitioner herein on 27/5/2023, Mangaluru Women Police had registered FIR in crime No.44/2023 against the petitioner and two others for the aforesaid offences. In the complaint, it is averred that the marriage of the complainant was performed with the petitioner on 10/11/2022. Within 8 days from the date of marriage, her gold jewelleries were taken by the accused persons. It is alleged in the complaint that the accused persons were quarrelling with the complainant on petty issues. In the month of April 2023, she had informed the petitioner that she was pregnant. Petitioner allegedly informed her that he was not ready for the same during that point of time and he did not want the baby. He had purchased some tablets and given to her and as a result, complainant had suffered miscarriage. Even thereafter, the accused persons allegedly ill-treated the complainant. On 26/5/2023 complainant had gone to the house of her husband and that time her in-laws abused her and pushed her outside the house. When the complainant fell down, her husband allegedly assaulted her, pronounced triple talaq and also threatened with dire consequences. Immediately complainant informed about the incident to one Sri. Imran, who is the relative of complainant, and thereafter, got admitted at Unity Hospital. Her statement was recorded in the hospital on 27/5/2023 at about 5.30 p.m. and based on the same, FIR in crime No.44/2023 was registered. Apprehending arrest in the said case, the petitioner filed Crl.Misc.No.569/2023 before the Court of the III Additional District and Sessions Judge, D.K., Mangaluru, which was dismissed on 3/7/2023. Under these circumstances, the petitioner is before this Court.