MANISH DAS Vs. STATE OF U P

JUDGEMENT

(1.) Heard both sides.

(2.) Leave granted.

(3.) The appellant -accused is now staying with his wife, who is the daughter of the complainant. The complainant's daughter filed an affidavit sworn before the Magistrate at Silchar, Assam, wherein she has state that at the time of the marriage she was a major and of her free will she married the present appellant and the marriage was solemnized in an Arya Samaj Mandir in West Patel Nagar, New Delhi and it was also stated that after the marriage they have been living happily and peacefully and she has no complaint against him or against any other member of his family. She has also specifically stated that she was not put to any pressure, undue influence, coercion, threat, force by her husband in making the written statement. It may be noticed that the complaint was not filed by the wife of the present appellant herself but it was filed by the father, the complainant, on her behalf alleging the commission of offence under section 494, IPC. As the complaint itself was not filed by the wife of the present appellant in her capacity as wife, we do not think that the initiation of the prosecution was proper and the Magistrate was not justified in taking cognizance of the same. As the appellant and his wife are apparently staying together happily, we think that further prosecution would only harass the appellant. Therefore, we quash the proceedings. Accordingly, the order of the High Court is set aside and the appeal is allowed.