S JAYAKUMAR Vs. KEPSIKALA

JUDGEMENT

(1.) This petition has been filed by the petitioners, who are the accused No. 1, 3 to 10, to quash the private complaint in C.C.No. 164 of 2009 on the file of the Judicial Magistrate, Boothapandi and to pass such other orders. The brief facts in the petitioners' case are as follows:

(2.) Heard the Learned Counsel appearing for the petitioners and the Learned Counsel appearing for the respondents.

(3.) The Learned Counsel appearing for the petitioners (A1, 3 to 10) would submit in his argument that the private complaint filed by the respondent/complainant ought not to have been taken on file by the learned Judicial Magistrate, since there was no case made out against the petitioners regarding the offence under Section 494 I.P.C. since there was no marriage solemnized under Section 5 of the Indian Christian Marriage Act. He would further submit that there was no documents produced by the complainant along with the private complaint to show the solemnization of marriage nor the essential ceremonies to be performed for the said marriage. He would also submit that the marriage performed between the 1st petitioner and the 2nd accused was not supported by any evidence. He would also submit in his argument that whenever the primafacie proof of solemnization of marriage has not been shown to court, there would not be any offence committed by the 1st petitioner or any offence of abatement to enter second marriage and to commit the offence under Section 494 I.P.C. by the other petitioners.