RAJENDRA TUKARAM AHIRRAO Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This application is filed for quashing and setting aside the order passed by the 4th Judicial Magistrate, First Class, Dhule in Regular Criminal Case No. 75/2006 dated 18-04-2007.

(2.) Background of the facts stated in the application are as under: on 09-12-2005 the respondents herein filed private complaint before J. M. F. C. Dhule against the applicant and his parents alleging offence punishable under sections 498-A, 406, 323, 504, 506 read with 34 of I. P. C. and section 2 and 4 of the Dowry Prohibition Act.

(3.) It was the case of the applicants before the lower Court that the applicability of the Section 498-A of the I. P. C. , a woman must be legally wedded wife of the husband. Since the material relations with the first husband are still in subsistence with the respondent no. 2, therefore, the second marriage with the applicant Rajendra by the respondent no. 2 was void. Therefore, the provisions of section 498-A, IPC and provisions of Dowry Prohibition act are not attracted unless it is proved that the respondent no. 2 is legally wedded wife of the applicant Rajendra.