ORDER

Dated this the 21^st day of October, 2024 This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure by the 1^st accused in C.C.No.463/2011 on the files of the Judicial First Class Magistrate Court-II, Kollam. The plea raised is to quash the said case.

2. In this matter, the prosecution alleges commission of offence punishable under Section 498A read with 34 of the Indian Penal Code by the accused on the allegation that the accused subjected the defacto complainant, who is the wife of the petitioner/1^st accused, to cruelty during their stay at the matrimonial home after the marriage in between them, solemnised on 02.11.2009.

3. The learned Senior Counsel appearing for the petitioner/1^st accused zealously pointed out that offence under Section 498A would not attract in the instant case and it is argued that, in order to attract offence under , it is necessary that the act of cruelty shall be done by the husband or relatives of the husband. It is also argued that 'husband' means the partner of a woman engaged in a legal marriage. According to the learned counsel for the petitioner, in the instant case, the marriage between the defacto c