C K MOIDOO Vs. VAYYAPRATH KUNNATH MAYAN

JUDGEMENT

(1.) This is a petition filed under S.482 of the Code of Criminal Procedure (for short the Code) to quash the proceedings in C. C. 191 of 1982 on the file of the Additional Judicial Magistrate of the First Class, Tellicherry.

(2.) The petition has been filed by accused Nos. 1, 2, 4 and 5. That is because the court, after recording the sworn statement of the complainant, issued process only against these persons and excluded accused Nos. 3 and 6.

(3.) The parties are Muslims. It appears, accused 3 and 6 were married on 26-3-1982. The complaint rests on the allegation that the bride, the third accused, was aged only 14 years at the time of the marriage. Accused 1 and 2 are the parents of the bride. Accused 4 and 5 are the brother and sister- in - law of the first accused. The learned Magistrate took cognizance against accused 1, 2, 4 and 5, that is, excluding the newly wedded couple, merely on the basis of the complaint and the sworn statement. This is challenged as contrary to the mandatory provisions in S.10 of the Child Marriage Restraint Act (XIX of 1929) (for short the Act).