(1.) Accused in Crime No.5/2025 registered by Ashoknagar Police Station, Hubballi-Dharwad for the offence punishable under Sec. 108 of the Bharatiya Nyaya Sanhita 2023 (BNS 2023) is before this Court under Sec. 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS 2023) with a prayer to quash the FIR registered against her in the present case.
(2.) Heard learned counsel for the parties.
(3.) FIR in Crime No.5/2025 was registered by Ashoknagar Police Station, Hubballi-Dharwad for the aforesaid offence against the petitioner herein based on the first information dtd. 26/1/2025 received from Eshayya Gollapalli, brother of deceased Petaru Gollapalli (Peter). The petitioner is the wife of deceased Petaru (Peter) Gollapalli. In the first information, it is stated that marriage of the deceased, aged about 40 years, with the petitioner, was solemnized about 2 years prior to the date of registration of the FIR. The petitioner had lived with her husband for a period of about 3 months from the date of their marriage and thereafter had returned to her parents' house. Efforts made to bring her back had failed. On 26/1/2025, between 10.30 a.m. to 12.30 p.m., deceased had committed suicide by hanging himself in the room in his house leaving behind a death note. It is in this background, FIR was registered against the petitioner.