Daijiworld Media Network - Bengaluru (SP)

Bengaluru, Dec 18: The state high court has dismissed the complaint of rape filed by the wife against her husband. It also severely criticized the magistrate court for taking up the case for hearing.

A lady had registered complaint of rape against her husband. Manjunath Hebbar from Girinagar here had approached the high court seeking to dismiss the charge sheet prepared by the investigating officials on the basis of the said complaint. The single judge bench of the high court which took up this application for hearing passed the said order.

The judge observed that a perusal of the complaint, and the statement recorded by the affected lady in the lower court, makes it clear that there are no points which support and substantiate the notion that the petitioner had raped, assaulted and committed domestic violence. There is no complaint of extending monetary lure or in the charge sheet. The magistrate court should have exercised discretion when taking the complaint into cognizance and hearing it, the high court bench said.