SANDEEP Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This Criminal Petition is filed by the petitioner seeking to quash the FIR in Crime No.57/2016 for the offences punishable under Ss. 109, 143, 147, 366, 370A, 376, 342 read with Sec. 149 of Indian Penal Code.

(2.) Brief facts of the case are as under: The complainant has lodged a complaint on 20/3/2016 stating that he married Smt. Babita in the year 2005 and having two children. It is stated in the complaint that on 19/3/2016 when his wife namely, Babita stated to have gone to nature call and did not return to home even after an hour, the complainant started searching her and also informed her parents about her missing. Even the parents of the said Babita joined the hands with the complainant and started searching the whereabouts of Babita. Ultimately, they came to know that the victim Babita was moving along with the petitioner on a motorcycle. Having suspected the involvement of the petitioner, a complaint came to lodged against the petitioners and others.

(3.) During investigation, the victim Babita appeared before the jurisdictional police on 23/3/2016 and gave her statement stating that she was cordial with the petitioner and went along with him. It is further stated by the victim that, when she reached Basavakalyan, three persons were waiting in a jeep and they have taken her to a open land, there was a shed in the land and the petitioner has committed sexual intercourse with the victim. As such, the jurisdictional police after obtaining the statement of the victim, have invoked the provisions under Ss. 376, 342 of IPC.