ORAL ORDER

Petitioners – accused Nos.1 to 5 are before this Court calling in question registration of a crime in Crime No.23/2023, pending before the VIII Additional Chief Metropolitan Magistrate Court, Nrupatunga Road, Bengaluru, registered for the offences punishable under Sections 376(2)(j), 342, 323, 504, 506 r/w. 34 of the Indian Penal Code (hereinafter referred to as 'the IPC', for short).

2. Heard Sri Sadanand G. Shastri, learned counsel for petitioners, Sri B.N.Jagadeesha, learned Additional State Public Prosecutor for respondent No.1 and Sri H.C.Shivaramu, learned counsel for respondent No.2.

3. Facts adumbrated, are as follows:Respondent No.2 is the complainant-wife of the 1^st petitioner and petitioner Nos.2 to 5 are the family members of petitioner No.1. Both the complainant and respondent No.2 were colleagues in a business venture – Silicon Honda as representatives in the said work place. The two worked together for 4 years, entered into a relationship and later, they got married on 27.01.2023. It is the averment in the petition that as on the marriage day, i.e., on 27.01.2023, it was the complainant’s birthday and while celebrating her birthday in the matrimonial house, petitioner No.1 - husband comes across several WhatsApp messages popping up on the mobile phone of the complainant - wife. It is the allegation that the messages were sent by a person, who allegedly had a relationship with the complainant – wife, prior to the marriage. This results in certain misunderstanding between the husband and wife. Later on, it is alleged that all the petitioners have indulged in assaulting the complainant and have locked her in a room. It is also the allegation that petitioner No.1 – husband had committed rape on the complainant – wife. Thereafter, the wife is said to have left the matrimonial house and decides to reside with her parents from 29.01.2023. On 01.03.2023, a complaint comes to be registered by the 2^nd respondent – wife after 32 days of the alleged incidents against all the petitioners. The complaint becomes a crime in Crime No.23/2023 for the offences punishable under Sections 376(2)(j), 342, 323, 504, 506 r/w. 34 of the IPC. The registration of the crime is what drives the petitioners to this Court in the subject petition.

4. Learned counsel appearing for the petitioners would vehemently contend that petitioner No.1, after about 4 years of relationship, gets married to the complainant-2^nd respondent. After marriage, it is noticed that the complainant - wife was still in a relationship with a man, with whom she had a relationship with, earlier to her marriage. A squabble arose between the couple and the wife is said to have left the matrimonial house and resided with her parents. It is his submission that the complaint narrates about the intoxication of the complainant as on the date of the marriage and even before the Registrar of Marriages, on the allegation that the petitioners had served some drinks containing intoxicating substance. He would take this Court through the photographs of the marriage to indicate that as on the date of the marriage, the complainant was very much normal and conscious and aware of all the incidents that had happened on the date of the marriage. He would contend that the complaint is registered for offence punishable under Section 376(2)(j) of the IPC, alleging rape and other offences of assault under Sections 342, 323, 504 and 506 of the IPC, read with Section 34 of the IPC, while none of the ingredients of the offences are made out in the case at hand.

5. Learned counsel for respondent No.2 would submit that the alleged incidents are heinous in nature and would submit that the narration in the complaint indicates the ingredients of the offences alleged against the petitioners. He submits that on the date of the marriage between the couple, 2^nd respondent-complainant was intoxicated by the petitioners and other accused persons and she was not aware as to what has happened on the day o