RAGHOTHAMAN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) : This petition, by the accused filed under Section 482, Cr. P. C. is for quashing the entire proceedings in CC No. 22703/99 on the file of the X Addl. CMM, bangalore, wherein the petitioners have been facing prosecution for the offence under Section 498-A of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.

(2.) THE Court has heard the arguments of Sri Mohd. Usman Shaik, the learned counsel on behalf of the petitioners and Sri p. M. Nawaz, HCGP on behalf of the first respondent-State. The 2nd respondent has remained absent in spite of service of notice.

(3.) THE learned counsel for the petition-ers strenuously contended that the accused have been facing prosecution for the said offences on the basis of the complaint lodged by the 2nd respondent. The material on record clearly shows that the 2nd respondent was married to another person as on the date of her undergoing the marriage ceremony with the first respondent and this goes to show that the marriage of 2nd respondent with the first petitioner is a void marriage. As such provisions of Section 98-A, I. P. C. and Sections 3 and 4 of D. P. Act, are not at all attracted. The complaint filed against the accused is with only an ulterior motive. The learned counsel relies on the following decisions in support of his contentions.