TMI Blog2019 (12) TMI 1319X X X X Extracts X X X X X X X X Extracts X X X X ..... complaint filed by the appellant would show that the appellant had incorporated the ingredients necessary for prosecuting the respondents for the offences alleged. The question whether the appellant will be able to prove the allegations in a manner known to law would arise only at a later stage. Appeal allowed. - Criminal Appeal No.1817 OF 2019 (Arising out of Special Leave Petition (Crl.) No.741 of 2019) - - - Dated:- 2-12-2019 - Mr. N.V. Ramana, Mr. Ajay Rastogi And Mr. V. Ramasubramanian, JJ. For Petitioner(s) Mr. Arvind Kr. Sharma, Mr. Aniteja Sharma, Mr. Raj Kishor Choudhary, For Respondent(s) Mr. Astha Tyagi, Mr. V. Balaji, Mr. Asaithambi MSM, Mr. Atul Sharma, Mr. C. Kannan, Ms. Sripradha Krishnan, Mr. Pravesh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... second respondent married the first respondent in the year 2008, during the subsistence of the first marriage with the appellant and that when the first respondent conceived, a religious ceremony was performed by the second respondent on 16.10.2011 on a grand scale in a hotel in the IT Express way, Chennai. Therefore, the appellant complained that the respondents were guilty of commission of the offences indicated supra. 5. After the trial court took the complaint on file and issued process, the first respondent herein filed a petition under Section 482 Cr.P.C. on the file of the High Court seeking quashing of the complaint. The main contention of the first respondent in her quash petition was that in order to attract the offence puni ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1872, it has to be proved through other evidence. Accordingly, the High Court quashed the criminal complaint. 7. The grievance of the appellant, against the order of the High Court is that even at the stage of taking cognizance and issuing process, the High Court has thrown the complaint out, on the ground of lack of evidence. The role of the Court in a petition under Section 482 of the Code for quashing a complaint is limited, and that while exercising jurisdiction under Section 482 of the Code, the High Court should not embark upon an enquiry to see whether the allegations are likely to be established or not. Therefore, the learned counsel for the appellant contended that the High Court committed a serious error of law in invoking ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t the second respondent married the first respondent in the year 2008 and that a religious ceremony known as seemandham was performed in a hotel on 16.10.2011, during the pregnancy of the first respondent through the second respondent. It was also alleged by the appellant in her complaint that there was a threat to her life and property from the respondents and that the sons of the appellant who were employed in the company which constituted the family business, were also expelled and are under threat and coercion. 11. Apart from pleading specifically about the marriage contracted by the second respondent with the first respondent, the appellant had also produced a Gazette notification published by the Tamil Nadu Government on 13.09.201 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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