AMIT AGARWAL Vs. STATE OF U P

JUDGEMENT

(1.) THE applicant -husband has come to this Court under Section 482 Cr.P.C. with a request that proceedings (in Case No. 76 of 2005 Bobby Rani v. Amit Agarwal), under Section 125 Cr.P.C., pending in the Court of J.M. (CBI) Ghaziabad be quashed.

(2.) THE ground on which he seeks termination of the proceedings is that he was 20 years old at the time of marriage with opposite party No. 2 Bobby Rani and had, therefore, not attained the age of majority and the marriage was, therefore, void in accordance with the provisions of Section 5(iii) of The Hindu Marriage Act, 1955. Section 5(iii) of The Hindu Marriage Act is as follows :

(3.) THE matter is being decided at the stage of admission, after hearing his Counsel Sri Samar Singh and notice has not been issued to the respondent -wife.