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Judgment
Sheema Ali Khan, J.—Heard learned Counsel for the Petitioners and the counsel appearing on behalf of opposite party No. 2.
This application has been filed against the order dated 29.7.2004, passed by the Judicial Magistrate, 1st Class, Katihar taking cognizance for offences under Sections 498A and 120B of the Indian Penal Code.
The main contention of the Petitioners that in the S.A., the opposite party No. 2 has accepted that she is the second wife of the Petitioner No. 1. It is submitted, by the counsel for the Petitioners on the aforesaid fact that the second marriage in the life time of the first wife is not permissible and void ab initio and, therefore, the offences u/s 498A would not be attracted.
Whether the Petitioner No. 1 was actually married to the opposite party No. 2 is a matter which needs proof by way of evidence, therefore, this Court cannot enter into this factual aspect.
In the result, this quashing application is accordingly, dismissed.