E. S. VENKATARAMIAH, K. N. SINGH, M. FATHIMA BEEVI
Dhanalakshmi – Appellant
Versus
R. Prasanna Kumars – Respondent
Judgement
M. FATHIMA BEEVI, J.:- Special Leave granted.
2. The appellant married the first respondent on 29-4-1979. They lived together until 1982 and have two children. They separated and the legal battle commenced in 1983. The first respondent moved the City Civil Court for divorce. The appellant instituted criminal complaint in the Court of the Metropolitan Magistrate. The complaint was taken cognizance of for offences under Ss. 494,496, 498-A, 112, 114, 120, 120-B and 34, I.P.C. against the respondents. It was alleged that the first respondent married the second respondent while the proceedings for decree of divorce were still pending, the marriage was performed secretly in the presence of respondents Nos. 3 to 6. On the application of the first respondent the High Court by the. impugned order quashed the proceedings before the Metropolitan Magistrate. Hence the appeal.
3. Section 482 of the Code of Criminal Procedure empowers the High court to exercise its inherent powers to prevent abuse of the process of Court. In proceedings instituted on complaint exercise of the inherent power to quash the proceedings is called for only in cases where the complaint does not disclose any offe
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