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Judgment
Heard Mr. P. S. Dayal, learned counsel for the petitioner and Mr. Ram Prakash Singh, learned A.P.P. for the State.
Aggrieved by the institution of Govindpura (Barwadda) P. S. Case No. 119 of 2015, the petitioner has preferred the present application. It has
been submitted by the learned counsel for the petitioner that the informant was already having an affair much prior to the marriage with the
petitioner and she had already solemnised marriage with the said person. It has been stated that false allegations has been levelled with respect to
demand of dowry and torture. He further submits that the informant in fact has fled away for which missing report was lodged in Karghani village of
Jaipur in Rajasthan. He further submits that since the informant was already married prior to his marriage having been solemnised with the
petitioner, the petitioner cannot be held an accused in a case under Section 498A of I.P.C. and criminal proceeding deserves to be quashed and
set aside.
Learned A.P.P. for the State opposed the prayer.
The allegation made in the FIR reveal mental and physical torture upon the informant. Although the learned counsel for the petitioner has stated
in his petition that the informant was earlier married and has also referred to certain photographs, but the same would not substantiate his
contention in absence of any documentary proof in support of the fact that the informant was earlier married with another person. The same may
be the defence of the petitioner which can be decided in course of trial and cannot be entertained in this application.
Accordingly, this application is disposed of with a liberty to the petitioner to raise all the points at the appropriate stage.