The High Court cannot dismiss a case underSection 498A IPC on the grounds that themarriage is invalid: Orissa High Court

According to a recent decision by the Orissa High Court, proceedings under Section 498A of the Indian
Penal Code (IPC) regarding a husband abusing his wife cannot be dismissed by a High Court under
Section 482 (inherent powers) of the Code of Criminal Procedure (CrPC) on the grounds that the
marriage was invalid.
While refusing to dismiss a case against a man, single-judge Justice G Satapathy stated that it would be
unfair to the ladies if the accused-guy was permitted to plead the absence of a valid marriage in order to
escape punishment under Section 498A. In his ruling, Justice Satapathy remarked that both the claims
made in the FIR and the woman’s testimony met all the requirements for an offence under Section
498A.
The judge emphasized that Section 498A’s goal is to ensure that a woman is protected from harassment
by her husband or his family members.
The bench declined to dismiss the FIR based on these observations.
Case: Jaga Sarabu vs. State of Orissa

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