Constitution of India, 1950
Article 226—Writ—Petition to quash FIR registered under Sections 366, 498A and 34 of IPC—Ground of valid marriage between first petitioner and prosecutrix—Rejected—Specifically in the light of the statement made by fifth respondent about her abduction and in habeas corpus writ petition, she had specifically made a statement before the High Court that she want to reside with her parents—In Hindu law, marriage is not a contract and unless and until Saptpadi is performed, there cannot be said to be valid marriage—Considering the fact that petitioners had executed a marriage affidavit and had projected that fifth respondent is married with the first petitioner by exchange of garland, the petitioners had given a bona fide belief in the mind of fifth respondent that she is legally wedded wife of first petitioner—Court in exercise of power under Section 482 of CrPC/Article 226/227 of the Constitution should not kill an unborn baby and should not bring the investigation to a halt and by restraining the respondent/police from collecting the evidence—Case coupled with allegations made by fifth respondent in the FIR that first applicant had forcibly brought her to Jabalpur and took her to the High Court premises and contacted a lawyer and compelled her to sign certain papers as well as in the light of averments made in the FIR, it is clear that same make out a prima facie case of cognizable offence—No case made out for warranting interference—Petition dismissed.
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