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4. Learned counsel for the petitioner drew attention to the order passed by this Court in Crl.M.C.No.471 of 2009 filed by the wife of the first petitioner seeking quashment of Crime No.77 of 2009 of Attingal Police Station. It is seen from that judgment that a complaint was registered under the caption 'woman missing'. According to the petitioner in Crl.M.C.No.471 of 2009, she was lawfully married to the first petitioner herein and the allegation of woman missing was absolutely false. This Court, in that proceedings, took note of the fact that the petitioner therein was aged 26 years at that time and is a qualified medical practitioner. Reckoning all these facts, this Court directed that the petitioner therein shall not be arrested in connection with that crime and disposed of the matter with other directions. The learned counsel for the petitioner submitted that the offences alleged against the petitioners herein fall under Chapter XX of IPC and therefore sanction under Section 198 of the Criminal Procedure Code is mandatory for prosecuting. Further it is also contended that the second respondent, who is the complainant before the court below has no locus standi to file a complaint.

5. The relevant portion of Section 198 of the Cr.P.C reads as follows :-

198. Prosecution for offences against marriage.-
(1) No Court shall take cognizance of an offence punishable under Chapter XX of the Indian Penal Code (45 of 1860) except upon a complaint made by some person aggrieved by the offence :
Provided that-
(a) where such person is under the age of eighteen years, or is an idiot or a lunatic, or is from sickness of infirmity unable to make a complaint, or is a woman who, according to the local customs and manners, ought not to be compelled to appear in public, some other person may, with the leave of the Court, make a complaint on his or her behalf;
It is evident that on the above ground itself, the proceedings before the court below is not maintainable for want of sanction under Section 198 of the Code of Criminal Procedure.
Therefore, this petition is allowed. The entire proceedings in C.C.No.274 of 2009 on the file of the Judicial First Class Magistrate Court - II, Thiruvananthapuram is quashed.
Sd/-
A.HARIPRASAD, JUDGE.