JUDGMENT (Dr. ARIJIT PASAYAT, J.)

1. Leave granted.

2. Challenge in this appeal is to the order passed by a learned Single Judge of the Allahabad High Court dismissing the application filed in terms of Section 482 of the Code of Criminal Procedure, 1973 (in short the `Cr.P.C). Appellants have filed the petition for quashing criminal proceeding against them in Complaint Case No. 896 of 1994 subsequently numbered as Criminal Case No. 931 of 1995 relating to alleged commission of offences punishable under Sections 494, 120B and 109 of the Indian Penal Code, 1860 (in short the `IPC) and Sections 3 & 4 of the Dowry Prohibition Act, 1961 (in short the `Dowry Act) pending in the Court of Special Chief Judicial Magistrate, Varanasi. The prayer was rejected by the High Court being of the view that the trial court can be directed to conclude the trial expeditiously and at the time of framing charges, the appellants can raise such points as has been raised in the present dispute. Liberty was also granted to appear within one month from the date of order before the trial court and to obtain bail.

3. Background facts in a nutshell are as under:

Daughter of the respondent namely Madhulika Singh was married to appellant No.1 Priya Vrat Singh. According to the appellants, Madhulika started behaving rudely with her husband and his family members as Priya Vrat was unemployed. Tension between two reached to such an extent that Madhulika tried to commit suicide on 7.3.1992. She thereafter started giving repeated threats to commit suicide and appellant was seriously harassed. From 16.7.1992 onwards appellant No.1 and Madhulika started living separately in the same house. However, shortly thereafter Madhulika left her matrimonial house and started living in the parental house.

4. In the meantime, appellant No.1 filed a suit in Original Suit No. 188 of 1992 in the Civil Court at Barabanki for dissolution of marriage between him and Madhulika on the ground of cruelty and harassment meted out to him by Madhulika. The said suit was decreed on 1.1.1993 ex parte in favour of appellant No.1. Time for filing appeal against the ex-parte decree dated 1.1.1993 under Section 28(4) of the Hindu Marriage Act, 1956 (in short the `Marriage Act) expired on 31.1.1993. On 21.2.1993 after dissolution of marriage, appellant No.1 re-married one Neha alias Sunita at Jalgaon in Maharashtra on 2.3.1993.

5. On 6.12.1994 respondent filed a private complaint before the Chief Judicial Magistrate, Varanasi wherein all the appellants were arrayed as accused persons. It was alleged that in 21.2.1993 appellant No.1 had re married in Sankat Mochan Mandir, Varanasi. Allegations of dowry harassment were also made.

6. It was submitted that the marriage attracted punishment under Sections 494, 120B and 109 IPC and Sections 3 & 4 of the Dowry Act. On 1.6.1995 learned Special CJM, Varanasi issued summons. Long thereafter, on 9.7.1996 Madhulika filed a Restoration Petition before the Civil Judge for recalling the order of ex parte. On 9.8.1996, appellants moved an application before the learned Special CJM, Varanasi, and protested to the summoning order. However, the same was rejected by order dated 9.8.1996. On 24.9.1996 petition under Section 482 Cr.P.C. was filed which was numbered as Criminal Misc. Case No. 4501 of 1996. On 2.3.1997 the restoration petition was allowed. On 25.10.2001 the High Court dismissed the Criminal Misc. Case.

7. In support of the appeal learned counsel for the appellant submitted that the marriage of appellant No. 1 with appellant No. 3 is protected under Section 15 of the Marriage Act and therefore, the proceedings under Section 494 IPC are clearly not maintainable.

8. Further it is pointed out that the allegation of alleged demand for dowry was made for the first time in December, 1994. In the complaint filed, the allegation is that the dowry torture was made some times in 1992. It has not been explained as to why for more than two years no action was taken.