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2024 Supreme(SC) 58

SURYA KANT, DIPANKAR DATTA
Mariam Fasihuddin – Appellant
Versus
State by Adugodi Police Station – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Ranbir Singh Yadav, Adv. Ms. Anzu. K. Varkey, AOR Mr. Mohammad Sharookh, Adv. Mr. Yogesh Yadav, Adv.
For the Respondent(s): Mr. Narendra Hooda, Sr.Adv. Mr. Sanchit Garga, AOR Mr. R.D.Singh, Adv. Ms. Mithu Jain, Adv. Mr. Kunal Rana, Adv. Mr. Shurya Lamba, Adv. Mr. Ratan Singh, Adv.

JUDGMENT :

SURYA KANT, J.

Leave granted.

2. The Appellants assail the judgment dated 18.02.2021, passed by the High Court of Karnataka, at Bengaluru (hereinafter, ‘High Court’), whereby their Criminal Revision Petition challenging the order dated 15.03.2018 of the VI Additional Chief Metropolitan Magistrate, Bengaluru (hereinafter, ‘Trial Magistrate’) has been dismissed. Consequently, the Appellants’ prayer to discharge them in connection with FIR No. 141/2010 under Sections 420, 468, 471 read with Section 34 of the Indian Penal Code, 1860 (hereinafter, ‘IPC’) registered at P.S. Adugodi, Bengaluru has been concurrently turned down.

A. FACTS

3. The brief facts that are relevant to the present proceedings are set out as follows:

3.1. The Appellant No. 1 – wife, and Respondent No. 2 – husband, got married in Bengaluru on 02.08.2007. At the time of their marriage, Respondent No. 2 was engaged in a software business, located in New Castle Upon Tyne, the United Kingdom. During this period, Respondent No. 2 statedly assured the Appellant – wife that post marriage they would reside together in London. It is the Appellants’ case that Respondent No. 2 initially refused to take the Appellant – wif

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