DEEPALAKSHMI Vs. M.MOHANKUMAR

JUDGEMENT

(1.) CAN a power of attorney holder of an aggrieved person file a complaint in respect of matrimonial offences under Chapter XX of the Indian Penal Code?" This is one of the important questions to be dealt with in this case.

(2.) THE petitioners in Crl.O.P.No.27285 of 2010 are the accused 1, 3 and 4 and the petitioners in Crl.O.P.No.27329 of 2010 (Respondents 2 and 3 in Crl.O.P.No.27285 of 2010) are the accused 2 and 5 in C.C.No.303 of 2010 on the file of the learned Judicial Magistrate No.I, Coimbatore. This case was instituted on a private complaint filed by the first respondent in Crl.O.P.No.27285 of 2010, who is the sole respondent in Crl.O.P.No.27329 of 2010. These petitions have been filed seeking to quash the case in C.C.No.303 of 2010. Since these two petitions relate to one and the same case, they were heard together and they are disposed of by means of this common order.

(3.) IT is further alleged that it came to light that the first accused had gone for an illegal marriage with the second accused on 06.07.2008. The accused Nos.3 and 4 are the parents of the first accused and the fifth accused is the wife of the second accused. It is alleged that the accused 3 to 5 abetted the said bigamous marriage between the accused 1 and 2. It is also alleged in the compliant that the marriage ceremony undergone by the accused 1 and 2 is fraudulent and the same would not amount to a lawful marriage. Thus the said act also amounts to an offence under Section 496 I.P.C. It is further alleged that the accused 1 and 2 live an adulterous life at Coimbatore for a long time. According to the complaint, this makes out an offence under Section 497 I.P.C.