DHANALAKSHMI Vs. R PRASANNA KUMAR

JUDGEMENT

(1.) Special Leave granted.

(2.) The appellant married the first respondent on 29-4-1979. They lived together until 1982 and have two children. They separated and the legal battle commenced in 1983. The first respondent moved the City Civil Court for divorce. The appellant instituted criminal complaint in the Court of the Metropolitan Magistrate. The complaint was taken cognizance of for offences under Ss. 494,496, 498-A, 112, 114, 120, 120-B and 34, I.P.C. against the respondents. It was alleged that the first respondent married the second respondent while the proceedings for decree of divorce were still pending, the marriage was performed secretly in the presence of respondents Nos. 3 to 6. On the application of the first respondent the High Court by the. impugned order quashed the proceedings before the Metropolitan Magistrate. Hence the appeal.

(3.) Section 482 of the Code of Criminal Procedure empowers the High court to exercise its inherent powers to prevent abuse of the process of Court. In proceedings instituted on complaint exercise of the inherent power to quash the proceedings is called for only in cases where the complaint does not disclose any offence or is frivolous, vexatious or oppressive. If the allegations set out in the complaint do not constitute the offence of which cognizance is taken by the Magistrate it is open to the High Court to quash the same in exercise of the inherent powers under Section 482. It is not, however, necessary that there should be a meticulous analysis of the case, before the trial to find out whether the case would end in conviction or not. The complaint has to be read as a whole. If it appears on a consideration of the allegations, in the light of the statement on oath of the complainant that ingredients of the offence/ offences are disclosed, and there is no material to show that the complaint is mala fide frivolous or vexatious, in that event there would be no justification for interference by the High Court.