(1.) The question precisely arises for consideration is whether the existence of a valid marriage is required to invite the ingredients of an offence punishable under S. 498A of the Indian Penal Code The petitioner, who is the accused in Crime No. 118 of 2005 of the Parippally Police Station presently pending as C.C. No. 354 of 2009 before the Judicial First Class Magistrate's Court, Paravoor, Kollam District, has come up with a prayer to get the proceedings against her, quashed under S. 482 of the Code of Criminal Procedure.
(2.) The case before court below is, as a result of a private complaint filed by CW 1 as complainant, against the present petitioner as accused, alleging an offence punishable under S. 498A of the Indian Penal Code, which was referred to the Police under S. 156(3) of the Code of Criminal Procedure. The Police have registered the crime, investigated the matter, and filed the final report. The de facto complainant is CW 1, the husband of the de facto complainant who is the son of the petitioner is CW 2, and the husband of the petitioner is CW 3 in this case.
(3.) In the private complaint, it was alleged that CW 2 had married CW 1 on 28.1.2000. According to the petitioner, as on 28.1.2000, there was no marriage at all and that, on that day, CW 2 had another subsisting valid marriage. The said marriage of CW 2 was dissolved on 30.4.2003 only through Annexure A3 judgment passed by the Family Court, Thiruvananthapuram. The parties are Hindus. Matters being so, the alleged marriage of CW 1 with CW 2 on 28.1.2000, if any solemnized, was void.