Calcutta HC: Section 498-A prosecution valid in relationships without formal marriage
The Calcutta High Court dismissed a petition seeking to quash criminal proceedings under Sections 498-A, 420 and 384 IPC. The case stems from a complaint by a woman who alleged that a man falsely represented himself as an unmarried orphan in 2019, entered into a relationship with her, and solemnised a registered Muslim marriage in July 2020.
The woman later discovered the man was already married with a pregnant wife. She alleged she was subjected to physical and mental cruelty and assaulted and driven out of the house in May 2022. Police investigation found evidence of cohabitation and witness accounts sufficient to establish a prima facie case, leading to a charge-sheet.
The man challenged the prosecution, arguing no valid marriage existed between them. Justice Uday Kumar rejected the petition, holding that Section 498-A prosecution is maintainable in relationships having the nature of marriage, even where formal marriage is absent.
