Case under Section 498A IPC cannot be quashed by HC on ground that marriage is not valid: Orissa High Court

The Court while refusing to quash a case against a man, said that it would be harsh to the women if the accused-man is allowed to take a plea of absence of valid marriage to escape liability under Section 498A.

The Orissa High Court recently held that proceedings under Section 498A of the Indian Penal Code (IPC) on husband subjecting wife to cruelty, cannot be quashed by a High Court under Section 482 (inherent powers) of the Code of Criminal Procedure (CrPC) on the ground that there was no valid marriage [Jaga Sarabu vs State of Orissa].

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