2012 (3) TMI 685

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....ot;). The prayer made by Respondents 1 to 9 was to quash the complaint filed by the Appellant against them under Sections 498A, 494, 506(2) read with Section 114 of the Indian Penal Code (for short, "Indian Penal Code") and under Sections 3 and 7 of the Dowry Prohibition Act. 3. The Appellant is the original complainant. Respondents 1 to 9 are original accused 1 to 9 respectively. Respondent 2 is the husband of the Appellant, Respondents 8 is the second wife of Respondent 2 and Respondents 1, 3 to 7 and 9 are family members of Respondent 2 or Respondent 8. 4. Gist of the facts stated in the complaint is as under: The Appellant got married to Respondent 2 on 7.12.2000. She lived with Respondent 2 in the joint family till 18.1.20....

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.... 494 of the Indian Penal Code was being pressed against all the accused i.e. Respondents 1 to 9. 7. The High Court accepted the contention raised by Respondents 1 to 9 and relying on its earlier judgment in Babubhai Madhavlal Patel and Anr. v. State of Gujarat 1969 Cri. L.J. 567, the High Court quashed the complaint qua Respondents 6 to 9 against whom only allegation of bigamy was made. So far as Respondents 1 to 5 are concerned the High Court ordered deletion of offence under Section 494 of the Indian Penal Code from the complaint and directed that the investigation of the other offences should proceed. Being aggrieved by the said judgment, the Appellant has filed this appeal. 8. We have heard Learned Counsel appearing for the Appellant ....

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....er Sub-section (2), may take cognizance of any offence- (a) Upon receiving a complaint of facts which constitute such offence; (b) Upon police report of such facts; (c) Upon information received from any person other than a police officer, or upon his own knowledge, that such offence has been committed. (2) The Chief Judicial Magistrate may empower any Magistrate of the second class to take cognizance under Sub-section (1) of such offences as are within his competence to inquire into or try. Section 198 of the Code pertains to prosecution for offences against marriage. Sub-Section 1 thereof is relevant. It reads as under: 198. Prosecution for offences against marriage.-(1) No court shall take cognizance of an offence punishable ....

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.... of facts which constitute such offence or upon a complaint made by the person aggrieved by the offence or by her father, mother, brother, sister or by her father's or mother's brother or sister or, with the leave of the Court, by any other person related to her by blood, marriage or adoption. 11. A conjoint reading of the above provisions makes it clear that a complaint under Section 494 of the Indian Penal Code must be made by the aggrieved person. Section 498A does not fall in Chapter XX of the Indian Penal Code. It falls in Chapter XXA. Section 198A which we have quoted hereinabove, permits a court to take cognizance of offence punishable under Section 498A upon a police report of facts which constitute offence. It must be born....