Hrishikesh Roy, J.

1. Heard Mr. P.K. Tiwari, learned Counsel appearing for the Petitioner. Also heard Mr. I. Basar, learned Addl. Public Prosecutor who represents the State, Mr. N. Jollow, learned Counsel appears for the Respondent No. 2 (informant).

2. The Petitioner challenges the legality of the criminal proceeding in the GR Case No. 38/2008 in the Court of the learned Additional Deputy Commissioner and ex-officio Judicial Magistrate, 1st Class, Naharlagun and seeks quashing of the order passed by the Magistrate on 3.8.2009, taking cognizance of the case against the accused Petitioner under Sections 497 and 498 of the Indian Penal Code (IPC).

3. Before proceeding to consider the legal arguments, it would be appropriate to take note of the relevant facts.

4. An information was lodged by the Respondent Nos. 2 and 3 with the Naharlagun Police on 9.3.2008 alleging that the Petitioner had eloped with Smt. Nabam Santi, wife of Late Nabam Tata (hereinafter referred to as "the deceased") and the Naharlagun P.S. Case No. 38/2008 was registered under Sections 366/497/498 of the IPC. In course of the investigation, the statement of the victim lady was recorded where she flatly denied t