1. The question precisely arises for consideration is whether the existence of a valid marriage is required to invite the ingredients of an offence punishable under Section 498 A of the Indian Penal Code?

2. The petitioner, who is the accused in Crime No.118 of 2005 of the Parippally Police Station presently pending as C.C.No.354 of 2009 before the Judicial First Class Magistrate's Court, Paravoor, Kollam District, has come up with a prayer to get the proceedings against her, quashed under Section 482 of the Code of Criminal Procedure.

3. The case before court below is, as a result of a private complaint filed by CW 1 as complainant, against the present petitioner as accused, alleging an offence punishable under Section 498 A of the Indian Penal Code, which was referred to the Police under Section 156 (3) of the Code of Criminal Procedure. The Police have registered the crime, investigated the matter, and filed the final report. The defacto complainant is CW 1, the husband of the defacto complainant who is the son of the petitioner is CW2, and the husband of the petitioner is CW3 in this case.

4. In the private complaint, it was alleged that CW 2 had married CW1 on 28.01.