A single judge of AP High Court, relying on this case here, held as follows,
From Para 4,
4. Learned counsel for the petitioners contents that the marriage between A1 and defacto complainant took place in the year 2016. Thereafter, the defacto complainant filed FCOP.No.1087 of 2019. By an order dated 06.02.2020 in FCOP.No.1087 of 2019, the learned XIV Additional District Judge-cum-Additional Family Court Judge, Vijayawada passed an ex parte decree in favour of the defacto complainant. It is his submission that after obtaining the divorce, the defacto complainant filed the present complaint as against the petitioners on 19.03.2020, when the relation between A1 and defacto complainant as husband and wife is not subsisting.
From Paras 9 and 10,
9. In respect of the offence under Section 498-A IPC, the Hon’ble Apex Court has come to a conclusion that since there is no relation between defacto-complainant and A1 as wife and husband, the proceedings in the above case has been quashed for the offence under Section 498-A IPC and Section 3 and 4 of Dowry Prohibition Act.
10. In view of the above principle laid down by the Hon’ble Apex Court and facts and circumstances of the case, this Court feels that continuation of the proceedings as against the petitioners would amount to abuse of process of law for the reason that A1 and defacto-complainant married separately and are living separately.
Kode Narasimha Kumar and Ors Vs State of AP on 10 Nov 2022
Other Sources:
https://indiankanoon.org/doc/167169919/
Index of Quash Judgments is here.
Shades of Knife
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