- (1.) The present petitioners who have been arraigned as accuseds under Section 495 of the Indian Penal Code in connection with a case instituted on a complaint, have moved this Court for quashing of the same.
(2.) Heard the Learned Advocate appearing on behalf of the petitioners as well as the Learned Advocate appearing on behalf of the State. Perused the materials on record. However, none appears on behalf of the complainant and it appears from the affidavit of service filed in Court that although the copy was sent to him but the same has returned unserved.
(3.) The learned advocate appearing on behalf of the petitioners urged the following points in support of the prayer for quashing; (a) The petitioners are absolutely innocent and have been falsely implicated in the aforesaid case. (b) The petitioner no. 1, after getting her previous marriage dissolved, married the complainant. (c) The factum of her previous marriage was known to the complainant as he was a co-accused in the case which was instituted by the former husband of the petitioner no. 1. The complainant is a close relative of the petitioner no. 1, therefore, he cannot plead his ignorance about her past life. (d) The allegation made in the complaint does not make out any offence punishable under Section 495 of the Indian Penal Code.;