498a not maintainable if no legal marriage persists

Dakshben Mafatlal Patel vs State of Gujarat and another

Gujarat HC

07/07/2016

CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 7198 of 2013

About/from the judgment:

In the present case, no material is produced by the complainant in support of her allegations that the present applicant got married to accused no.1. It is also not stated when the marriage has taken place. Thus, in absence of any material, it cannot be said that the present applicant has, in any way, abetted accused no.1. Even assuming that such marriage has taken place in the year 2005, the impugned complaint has been filed on 13.6.2012 and that too when learned Magistrate has acquitted the original accused no.1 and in-laws in the complaint which was filed under Sections 498A, 323, 506(2) and 114 of Indian Penal Code by an order dated 12.5.2012.

 

In view of the aforesaid facts and circumstances of the present case, this Court is of the opinion that the complainant has abused the process of the Court and therefore in the interest of justice, this Court is inclined to exercise the powers vested under Section 482 of the Code.

Read the Judgment

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