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As per case facts, Paramjit Kaur (respondent) filed a complaint alleging cruelty, dowry demand, and bigamy against Harjinder Singh (petitioner) and others, claiming marriage on 15.02.2013. The Judicial Magistrate summoned
...the accused. The petitioners challenged this, asserting Paramjit Kaur was not Harjinder Singh's legal wife, citing her two prior undissolved marriages. The question arose whether charges under Section 498-A, 494, and 406 IPC are maintainable when the alleged marriage is void. Finally, relying on Supreme Court rulings, the Court held that for Sections 498-A and 494 IPC, a legally valid marriage is a prerequisite, which was absent here due to respondent's subsisting prior marriages. Also, for Section 406 IPC, no demand for Istri Dhan return was proven. Thus, continuation of proceedings was deemed an abuse of process.
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