RAJKUMAR KANATHE Vs. STATE OF M P

JUDGEMENT

(1.) This is a petition, under Section 482 of the Code of Criminal Procedure (for short 'the Code') for quashing of the proceedings pending as Cri. Case No. 1537/06 in the Court of JMFC, Multai Distt. Betul. In that case, cognizance of the offence punishable under Section 498A read with 34 of the IPC has been taken against the petitioners upon a charge sheet submitted by SHO of P.S. Multai after due investigation into the FIR lodged by Geeta Bai, the respondent no. 2 here, whose marriage was solemnized with the petitioner no. 1 namely Raj Kumar on 20.6.1999. Learned counsel for the petitioners has strenuously contended that their prosecution for the offence is an abuse of the process of the Court in view of the fact that the marriage has already been declared as null and void, vide judgment and decree dated 22.6.2004 passed by Additional District Judge, Multai in Civil Suit No. 1 A/03, on the ground that Geeta had already contracted marriage with one Ganesh on 10.12.1995.

(2.) However, as propounded by the Supreme Court in Reema Aggarwal v. Anupam, 2004 AIR(SC) 1418 the expression "husband" would cover a person who enters into marital relationship and under the colour of such proclaimed or feigned status of husband subjects the woman concerned to cruelty or coerce her in any manner or for any of the purposes enumerated in Section 498A of the IPC. In this view of the matter, no interference with a legitimate prosecution is called for under the inherent powers.