MISBAHUDDIN S. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner is before this Court calling in question registration of FIR against him in Crime No.239 of 2021 for offences punishable under Ss. 406 and 420 of the IPC.

(2.) Heard Sri Gautam S.Bharadwaj, learned counsel for the petitioner, Smt. K.P. Yashoda, learned High Court Government Pleader for respondent No.1 and Sri.C.Mohammed Pasha, learned counsel for respondent No.2.

(3.) Brief facts leading to the filing of the present petition, as borne out from the pleadings, are as follows:- The petitioner meets the complainant in the month of January 2016 who was a news reporter. The petitioner claims to have married another lady in the first week of January 2016 and has two children from the said wedlock. In the year 2018, it is the case of the petitioner that despite his marriage and two children, both the petitioner and the complainant began to like each other, were infatuated with each other and also decided to marry. It is the further case of the petitioner that he indicated that the marriage could only be with the consent of his first wife as the religion also permits second marriage. On 8/3/2021, it is contended that the petitioner and the 2nd respondent got engaged and were scheduled to get married on 1/7/2021. When the marriage was fixed and all arrangements had been done, the petitioner did not turn up. A missing complaint came to be registered by the complainant on 5/7/2021 on account of the petitioner not turning up and he be traced out. This appears to have been closed as an NCR in N.C.R.No.84 of 2021 on 7/7/2021 as the petitioner by then had been traced.