The central legal point established in the judgment is that cognizance of the offence under Section 498 I.P.C can only be taken on a complaint filed by the authorized person, as stipulated in Section 198 of the Code.

JUDGMENT :

Virendra Kumar Srivastava, J.

1. Case called out in the revised list. Learned counsel for the applicant and Sri Anirudh Sharma, learned A.G.A for the State are present. No one is present on behalf of opposite party No.2.

2. The instant application under section 482 Code of Criminal Procedure (Code) has been filed for quashing of proceeding of criminal case No. 1405 of 1999, u/s 498 Indian Panel Code (I.P.C) (Sate v. Shaqeel Ahmad) pending in the court of A.C.M.M-I, Kanpur Nagar.

3. Heard learned counsel for the parties and perused the record.

4. The brief facts of this case are that the opposite party No.2 Aneesa daughter of Waris Ali resident of 89/119, Basmandi, police station Anwarganj, District Kanpur Nagar had filed an application under section 156(3) of the Code against the applicant Shaqeel Ahmad and five others persons with the allegation that they are resident of her mohalla and on 20.4.1996 the applicant Shaqeel Ahmad had enticed away her with jewellery of Rs.40,000/- belonging to her mother and grand mother and Rs.5,000/- cash. He kept her at Allahabad, Delhi and committed rape against her will and consent and on 21.7.1996 finally left her at railway station, Fatehpur. She filed an application for lodging the first information report but the police did not lodge the same. It was also alleged that during her kidnapping, her father had made a complaint against Shafeeq Ahmad whereupon the father of applicant and other persons named in the said application become annoyed, hurled abuses and slapped her father and also beaten with lathi. It was also alleged in the said application that the applicant was not ready for performing marriage with her. In compliance of order passed by the learned Magistrate, a case crime No. 5/99, under sections 363-A/366, 376 401, 232, 504 and 506 I.P.C was lodged at police station Anwarganj, District Kanpur Nagar and after conclusion of investigation, a charge sheet only under section 498 I.P.C was filed only against the applicant Shaqeel Ahmad. The learned Magistrate upon the said police report proceeded against the applicant/-accused and upon his appearance a charge was also framed.

4. Learned counsel for the applicant has submitted that he has been falsely implicated in this case on the account of his denial to marry with opposite party No.2. The opposite party No.2, Aneesa had already been married with one Akhtar about 8 years ago. He has further submitted that no case under section 498 I.P.C is made out against the applicant. The offence under section 498 I.P.C is non-cognizable and no cognizance could be taken in such offence on the police report. According to Section 198 (I)(b) of the Code, cognizance of such offence can be taken only on the complaint filed by the person authorized under the said section. The cognizance taken by the learned Magistrate is against the provision of law and the impugned order as well as criminal proceedings is liable be to quashed.

5. Per contra learned A.G.A has vehemently opposed the submission raised by the learned counsel for the applicant and submitted that the applicant can agitate his grievance at the appropriate stage before the lower court. He has not filed any objection upon being summoned by the concerned Magistrate. The charge has been framed and the case has been fixed for the statement of witnesses. No relief can be given at the belated stage. The proceeding of lower court can not be quashed at this stage.

6. Section 498 I.P.C is an offence for enticing or taking away or detaining or concealing a married women with intention that she may have illicit intercourse with any person is covered by Chapter XX of IPC. Section 198 of the Code provides that in matrimonial offences as provided under Chapter XX of the IPC, a prosecution can be launched only on the complaint made by the person aggrieved as enumerated in Section 198 (1) and 198(2) of the Code. Relevant provision of Section 198 (1) I.P.C and 198(2) of the Code are quoted as under:-

S. 198