Bengaluru: Getting married? Better thoroughly know your prospective spouse, especially their academic record. Recently, a man had approached the court seeking to quash a case filed by his wife questioning his degrees. She had also dragged couple of his relatives to the court.
However, the court refused to quash the case and asked the lower court to expedite the trial at the earliest and dispose the case within six months, as the matter pertains to 2008!
The woman had complained that her husband had cheated her by falsely representing that he was a qualified engineer. “If it was revealed at the outset, she would not have given her consent for the marriage. Further, the other accused who are close relatives of her husband had also suppressed the facts before marriage,” the complainant stated.
She said the husband's relatives had induced him to extract money, car and jewellery by falsely claiming he was qualified engineer. The counsel for the accused contended that even considering the averments made in the complaint, no case is made out in order to attract Section 420 or 417 or 415 r/w Sections 34, 120-B of IPC against the accused.
The high court observed that “Factual aspects create suspicion with regard to conduct of accused persons at this stage. The court cannot have any conclusive material to say that no offence is constituted. Therefore, I am of the opinion that the said criminal proceedings cannot be quashed.”
It further said noting that since the case was file in 2008, the petitioners have not objected with regard to the proceedings pending before the trial court. “The order sheet discloses that at the instance of the accused, the matter has been dragged for so long years. If the petitioners had cooperated with the trial court, the trial would have been completed by this time”.
Under these circumstances, the court said the petition deserves to be dismissed. Further, the high court directed trial court to expedite the trial at the earliest, since the matter is of the year 2008 and dispose it of within a period of six months from the date of receipt of a copy of this order.
The court has made it clear that observations made in the body of this order, shall not in any manner persuade the trial court. The petitioners were also told cooperate with the trial court for early disposal of the case within the stipulated time.
