I HEARTWIN WESSLEY BIJU Vs. STATE

JUDGEMENT

(1.) THE petitioners are the accused in C.C.No.95 of 2005 on the file of the learned Judicial Magistrate, Boothapandi, Kanyakumari District. THEy are facing prosecution for offences under Sections 498(A) and 406 of the Indian Penal Code and Sections 3, 4 and 6 of Dowry Prohibition Act. THE petitioners have come forward with the present petition seeking to quash the said case.

(2.) THE learned counsel for the petitioners would submit that even in the statement of the de facto complainant, it has been stated that she was already married to some other person and from the said statement, it could be inferred that the so called marriage between her and the first accused is not valid and, therefore, an offence under Section 498(A) of the Indian Penal Code could not be attracted. THE learned counsel, therefore, requests the Court to quash the charge sheet.

(3.) ADMITTEDLY, there is a civil suit now pending, wherein the first petitioner has prayed for a declaration that the de facto complainant is not the legally wedded wife. When the civil Court is considering the said issue, it will be highly premature and improper for this Court to give a finding that the de facto complainant is not the legally wedded wife of the first petitioner and to quash the case.