DEEPAK MARAWI Vs. KALA BAI

JUDGEMENT

(1.) THIS is an application under Section 482 of Cr.P.C. praying that the complaint case No.1969/2008 pending in the Court of Judicial Magistrate First Class, Mandla filed by respondent -complainant which has been registered under Section 494 of IPC, be quashed.

(2.) THE respondent filed a complaint case and after recording her testimony under Section 200 and the witnesses under Section 202 of Cr.P.C., a case under Section 494 IPC has been registered against the applicant and notice was issued to him. Indeed, for the quashment of the registration of the case under Sections 494 of IPC against the applicant this application under Section 482 of Cr.P.C. has been filed.

(3.) ON the other hand, Shri Saini, learned counsel appearing for the respondent submits that whether the custom of solemnization of second marriage is prevailing in the Gond community is a question of fact and enquiry and, therefore, at the threshold the complaint case which the respondent -complainant has filed cannot be dismissed. In support of his contention, learned counsel has placed reliance upon the Single Bench decision of this Court in the case of Kailash Singh Vs. Mewalal, 2002(II) MPWN 8. Hence it has been prayed that this application under Section 482 of Cr.P.C. be dismissed.