Petitioner is the accused in CC No. 2338/2013 on the file of the Judicial First Class Magistrate Court - I, Palakkad. Marriage between him and the second respondent was solemnized according to the Hindu customs on 05.08.2012. The allegation against him is that he subjected the second respondent to cruelty and thus committed the offence under Section 498 (A) I.P.C. This petition has been filed to quash the proceedings in the Criminal Case on two grounds:
(1) The parties were not of the age mentioned in Section 5(iii) of the Hindu Marriage Act at the time of marriage.
(2) Kuzhalmannam Police which investigated into the case did not have jurisdiction to conduct the investigation.
2. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
Cr.M.C.No. 3211 /2014 2
3. There is no dispute that the marriage between the petitioner and the second respondent was solemnized according to the custom of the Hindu Community. The first ground on which the proceedings in the Criminal Case is sought to be quashed is that the parties had not attained the age mentioned in Section 5(iii) of the Hindu Marriage Act and so the marriage is void. Section 11 of the Hindu Marriage Act declares that a marriage is void if the conditions mentioned in Clauses (i), (iv) and (v) of Section 5 of the Hindu Marriage Act are violated. Violation of Clause (iii) in Section 5 does not make the marriage void. So the proceedings cannot be quashed on that ground. The second ground is that the investigating officer did not have jurisdiction to conduct the investigation. Any illegality in investigation does not affect the power of the Magistrate to take cognizance of the offence. Moreover, th petitioner may raise the issue before the learned Magistrate before whom the matter is pending. The second ground also is not available to the petitioner to seek quashing the proceedings in the Criminal Case.
In the result, this Crl. M.C. is dismissed.
SD/-
K. ABRAHAM MATHEW JV JUDGE