JOHN TREXWEL M SANGMA Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) The petitioner has filed the present petition under Section 482 of the Code of Criminal Procedure, 1973(herein referred to as "Cr.P.C.") praying for quashing of G.R Case No. 172 of 2012 arising out of Umiam P.S. Case No. 46 (8) 2012 under Section 498-A of the Indian Penal Code (I.P.C.) pending before the learned Judicial Magistrate First Class, Nongpoh, Ri-Bhoi District.

(2.) The brief facts of the case as set out in the petition are that the petitioner and respondent No. 4 had been living in relation as husband and wife since the year 2011 and the petitioner and respondent No. 4 have legally married on 9th April, 2017 according the Christian Marriage Act. The marriage was solemnized by Mr. Willesh R. Marak, Pastor of Watchokgre Baptist Church, Rangsakona, Meghalaya and in marriage certificate was issued on 9th April, 2017 (copy of marriage certificate is Annexure-1 to the petition).

(3.) It is stated that on 10th August , 2012, one Shri Beldol G. Momin who claimed himself to be the uncle of respondent No. 4 lodged a F.I.R. that Mrs. Janshi G. Momin, respondent No. 4 was beaten by her husband due to which she remained unconscious for about seven hours and the accused absconded after taking away all the households materials. On the basis of said complaint a case was registered as Umiam P.S. Case No. 46 (8) 2012 under Section 498-A of the Indian Penal Code. It is also stated that the F.I.R. lodged by the complainant is totally false and fabricated, with the malafide intention to harass and tarnish the image of the petitioner. The victim has no complaint against the petitioner and she never advise Shri Beldol G. Momin to lodge F.I.R against the petitioner.