AI Structured Summary
Not yet generated for this judgment
Judgment
S.S. Mishra, J
Heard.
In this petition, the petitioners are seeking quashing of the cognizance order dated 03.09.2016 passed by the learned J.M.F.C. (R), Cuttack in G.R. case NO.578 of 2015.
The present case is arising out of Jagatpur P.S. Case No.164 of 2015 registered under Sections 498-A/323/307/506/34 of the I.P.C. read with Section 4 of the D.P. Act. After completion of investigation, charge sheet has been submitted under Section 498-A/506/34 of the I.P.C.
Learned counsel for the petitioners submits that the petitioner no.1 had filed Civil Proceeding seeking declaration of his marriage with opposite party no.2 to be nullity under law. Learned Judge, Family Court, Cuttack vide its judgment dated 01.08.2023 in Civil Proceeding No.645 of 2016 has given that declaration. Relying upon the judgments of the Hon’ble Supreme Court in the cases of P. Shiv Kumar vrs. State of M.P. reported in 2023 Live Law S.C. 116 and Reena Agrawal vrs. Anupram reported in (2004) 3 SCC 199, learned counsel for the petitioners submits that once the marriage between the parties are declared to be nullity under law, the offences under Section 498-A of the IPC and Section 4 of the D.P. Act cannot be registered against the petitioners.
Issue notice to the opposite parties.
Mr. Roul, leaned Additional Standing Counsel accepts notice on behalf of the opposite party no.1. One extra copy of the brief be served on him by tomorrow (30.04.2024).
Notice be issued to the opposite party no.2 by Speed Post/Registered Post with A.D. for which requisites shall be filed within one week.
List this matter on 24th of July, 2024.
………………………….