JUDGMENT Manoj Misra, J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. 2. The instant application has been filed seeking quashing of the charge sheet no. 103 of 2013 dated 31.7.2013 arising out of case crime no. 117 of 2013, under sections 498A, 323, 504, 506 I.P.C. and 3/4 D.P. Act, P.S. Sarnath, District Varanasi pending in the court of A.C.J.M.-7th, Varanasi. 3. The submission of learned counsel for the applicant is that although the allegations made in the FIR and the statement recorded in support thereof do make out a prima facie case to proceed against the applicant but those allegations are false inasmuch as an independent enquiry was conducted through the army establishment so as to ascertain correctness of the claim of marriage set up by the opposite party no. 2 with the applicant and in that enquiry, it was found that there was no legal marriage of the opposite party no. 2 with the applicant. 4. It is well settled in law that at this stage, the defence of the accused is not to be seen. Since from the allegations made in the FIR and the material collected during investigation a prima facie case to proceed against the applicant is made out and the applicant has been accordingly charge sheeted on which, the court has taken cognizance, no fault can be found with the charge sheet and the consequential proceeding. The application is dismissed.