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The Karnataka High Court dismissed the petition of a husband, seeking quashing of a dowry death case registered against him under sections 304B and 498A of the Indian Penal Code (IPC). The man’s wife had been living separately for more than two years and had committed suicide at her maternal home last month.
Dismissing the petition of Niranjan Hegde (husband), the Single Bench of Justice M Nagaprasanna said that there are serious disputed facts in the matter, therefore it needs full blown trial and hence there is no ground to quash the proceedings in the case. Not there.
Accused husband lacks evidence
The Court also observed that the contention of the petitioner should be interpreted as ‘immediately before death’ instead of ‘immediately before death’ in his case. However, the death of a woman who had left her husband’s house two years ago would not mean just before she died. All these things do not coincide, so it is too distant and impossible to consider at this time.
The Bench said- “This is also a case where the complainant has produced such evidence which demands continuance of further proceedings against the accused husband. But Niranjan, the petitioner, has not given any such document which is sufficient to quash the entire proceeding while registering the FIR.”
Father had filed complaint
The father of the deceased woman had said in his complaint that they were married in 2017. The relationship between the wife and the husband did not go well immediately after the marriage and mutual coordination between them was also a serious issue. When the fights between them got out of hand, their daughter left her husband’s house and started living with her parents in Bangalore. All the attempts at reconciliation between these two which had been going on for two years, failed.
Had filed for divorce, then hanged
Both filed for divorce under Section 13B of the Hindu Marriage Act with mutual consent. In which the application for exemption from cooling off period of 6 months was also included. During the pendency of the said petition before the Family Court, it was learned that the woman committed suicide by hanging herself in the bedroom at her maternal home.
The police of that area had registered a suicide report. It was only after this incident that a case was registered against husband Niranjan under sections 304B, 313 and 498A of IPC.
talked to the husband before he died
During the hearing, the bench said that before committing suicide on the night of June 12, she had spoken to her husband Niranjan. We think it was because of the conversation with the husband before his death that he committed suicide. Or was it the result of years of atrocities against the woman. This is the subject of investigation. Regarding the money sent by the girl’s father to the bank accounts of the accused, the bench said that some documents of money transfer have also been found. In that case the investigation should be continued.