V K JAIN Vs. STATE OF M P

JUDGEMENT

(1.) Petitioners have filed this petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred as Code) seeking a relief for quashing the criminal proceedings of Criminal Case No. 1171/2010 pending in the Court of J.M.F.C. Sihora, District-Jabalpur, under Section 498A/34 IPC against the petitioners. Facts giving rise to this petition, in short, are that on 17.2.2005, petitioner No. l was married to respondent No. 2. Having some doubt regarding age of respondent No. 2, petitioner obtained mark sheet of respondent No. 2 from Government Middle School, Majholi in which her date of birth was mentioned as 1.1.1967. It was revealed that at the time of marriage respondent No. 2 was aged 38 years whereas petitioner No. 1 was only 26 years old. Fact of actual age was concealed by the wife.

(2.) Having felt cheated by marrying with a lady 11 years elder to him, respondent No. 1 on 26.4.2005 filed a petition under Section 12(1)(c) of the Hindu Marriage Act to declare the marriage a nullity.

(3.) During pendency of that matter in Family Court, on 5.8.2006, F.I.R. was lodged at Police Station Majholi, District-Jabalpur. A case under Section 498A/34 IPC and 3/4 of Dowry Prohibition Act was registered against the petitioners.