ORDER :

1. This petition has been filed seeking to quash the proceedings pending in C.C. No. 196 of 2014, on the file of the learned Judicial Magistrate, Udhagamandalam, Nilgiri District.

2. The case of the prosecution is that the petitioner is the husband of the second respondent and they got married on 26.08.2011. It is further alleged that the petitioner demanded dowry and committed mental cruelty upon her. The physical cruelty that was committed by the petitioner upon the second respondent has also been stated in the final report.

3. The FIR was initially registered for an offence under Sections 417, 420 and 498A of IPC. On the completion of the investigation, the final report was filed only for an offence under Section 498A of IPC and other two offences were given up. The Court below also took cognizance of the final report only for an offence under Section 498A of IPC.

4. The learned counsel for the petitioner submitted that the very prosecution against the petitioner is not maintainable due to the fact that there was no husband and wife relationship between the petitioner and the second respondent. The learned counsel submitted that the petitioner was working as a Sub Inspector