JUDGMENT :

SANJAY K. AGRAWAL, J.

1. Finding conflict with two judgments rendered by the three Judges Bench of the Supreme Court in the matters of Shivcharan Lal Verma and Another vs. State of Madhya Pradesh, (2007) 15 SCC 369 and Rajinder Singh vs. State of Punjab, (2015) 6 SCC 477 the learned Single Judge has referred the matter to the Division Bench on the following stated question:

“Whether the complaint/FIR lodged by the second wife for commission of offence punishable under Section 498-A of the I.P.C. would be tenable or not?”

2. In turn, the Hon’ble Chief Justice has referred the matter to us for answering the aforesaid question formulated by the learned Single Judge and this is how the matter has been placed before us. The afore-stated question arises in the following factual backdrop.

3. The complainant/respondent No. 3 lodged written complaint against one Subhash Sharma and present petitioners alleging that she was married to co-accused Subhash Sharma on 19.07.2018 and it is further allegation of the complainant that the co-accused Subhash Sharma was already married to the petitioner No. 1 herein and immediately after her marriage, the petitioners and co-accused Subhash Sharma