JUDGMENT : 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The present application under Section 482 Cr.P.C. has been filed for quashing the order dated 31.07.2019 passed by Additional Session Judge/Fast Track Court-II, Banda and entire proceeding in Case No.72/IX/2017 (Sufiya Khatoon vs. Shahnavaj), under Section 125 Cr.P.C., Police Station Naraini, District Banda. 3. Learned counsel for the applicant submits that opposite party no.2 is not legally wedded wife of the applicant. A preliminary objection in this regard was raised in the proceeding under Section 125 Cr.P.C., which has been rejected by the impugned order without ascertaining any marriage proof of applicant and opposite party no.2. 4. Learned A.G.A. opposed the submission of learned counsel for the applicant and submits that still there is opportunity to both the parties to furnish evidences with regard marriage between them, therefore, even if, preliminary objection, the application No.23-A has been rejected by the court below, no prejudice will be caused to him. 5. Going through the impugned order, it appears that on the basis of the averments made in the application, the learned Additional Session Judge/F.T.C.-II, Banda in the impugned order has observed that this question of fact can only be decided after taking evidence. The opposite party may take all the ground in his objection/written statement and has held that opposite party has filed these preliminary objection just to below delay the proceedings. He has been directed to file his written statement on next date fixed i.e. 16.08.2019. 6. In view of the impugned order the question of marriage can be decided after taking evidence. The application appears to be per-mature one. 7. Accordingly, it is rejected. 8. However, it is provided that court concerned shall ascertain first that opposite party no.2 is legally wedded wife of the applicant perused, further in the matter.