B SEKAR Vs. S LATHA

JUDGEMENT

(1.) THE petitioners who are accused in C.C.No.124 of 2005 on the file of the learned Judicial Magistrate, Arakkonam, Vellore District, have filed the above Criminal Original Petition under Section 482, Cr.P.C., to quash all further proceedings in C.C.No.124 of 2005.

(2.) THE brief facts which are necessary for disposal of the Criminal Original Petition are set out below:THE complainant/respondent herein is the first wife of the first petitioner second petitioner is the father of the first petitioner and the third petitioner is alleged to be the second wife of the first petitioner. THE respondent filed a Private Complaint against the petitioners herein alleging that the first petitioner has married the third petitioner in the presence of the second petitioner on 21.2.2005 at Ramagiri Vaaleeswaran Temple, Andhra Pradesh State. On the basis of the said Complaint and the sworn statement of the respondent, the learned Judicial Magistrate, Arakkonam has taken cognizance of the Complaint for the offence punishable under Section 494, IPC. Being aggrieved by that the petitioners have filed above Criminal Original Petition.

(3.) THE learned counsel also relied on the decision of mine dated 13.12.2007 rendered in Crl.O.P. No.30612 of 2006, wherein in para No.6, it has been held as under: