The essential ingredients of Sec. 498A IPC, which requires the accused to be the husband or relative of the husband of the woman subjected to cruelty, are not satisfied in the absence of a valid marriage between the accused and the defacto complainant.

This Crl.M.C. is filed to quash the proceedings in CC No. 1485/2016 on the file of the Judicial First Class Magistrate Court, Ottappalam. The above case is chargesheeted alleging offences punishable under Sec. 498A IPC . Annexure A6 is the final report filed against the petitioner. The allegation in Annexure-A6 is to the effect that the accused promised the defacto complainant that he would marry the defacto complainant and had sexual intercourse and thereafter, mentally and physically harassed the defacto complainant.

2.Heard the learned counsel for the petitioner and the learned Public Prosecutor.

3.The short point to be decided in this case is whether the offence under Sec.498A IPC is made out in this case. Sec.

498A IPC is extracted hereunder :

“498A: Husband or relative of husband of a woman subjecting her to cruelty – whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.”

4.even if the entire allegations in annexure-a6 final report is accepted, admittedly, the defacto complainant has no case that the accused is the husband of the defacto complainant and moreover, admittedly there is no marriage also. in such circumstances, the ingredients of sec. 498a ipc is not attracted in this case. the consequence is that no offence under sec. 498a ipc is made out. therefore, this crl.m.c. is allowed. all further proceedings against the petitioner in cc no. 1485/2016 on the file of the judicial first class magistrate court, ottappalam arising from crime no.597/2016 of sreekrishnapuram police station are quashed.