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2012 DIGILAW 783 (MP)

Rajkumar Kanathe v. State of M. P.

2012-08-07

R.C.MISHRA

body2012
Judgment Heard on admission. 2. This is a petition, under Section 482 of the Code of Criminal Procedure (for short 'the Code') for quashing of the proceedings pending as Cri. Case No. 1537/06 in the Court of JMFC, Multai, Distt. Betul. In that case, cognizance of the offence punishable under Section 498-A read with Section 34 of the IPC has been taken against the petitioners upon a charge-sheet submitted by SHO of P.S. Multai after due investigation into the FIR lodged by Geeta Bai, the respondent No. 2 here, whose marriage was solemnised with the petitioner No. 1 namely, Raj Kumar on 20-6-1999. 3. Learned Counsel for the petitioners has strenuously contended that their prosecution for the offence is an abuse of the process of the Court in view of the fact that the marriage has already been declared as null and void, vide judgment and decree dated 22-6-2004 passed by Additional District Judge, Multai in Civil Suit No. 1-A/03, on the ground that Geeta had already contracted marriage with one Ganesh on 10-12-1995. 4. However, as propounded by the Supreme Court in Reenm Aggarwal Vs. Anupam, AIR 2004 SC 1418 , the expression "husband" would cover a person who enters into marital relationship and under the colour of such proclaimed or feigned status of husband subjects the woman concerned to cruelty or coerce her in any manner or for any of the purposes enumerated in Section 498-A of the IPC. 5. In this view of the matter, no interference with a legitimate prosecution is called for under the inherent powers. 6. The petition, therefore, stands dismissed in limine.