Indian Penal Code, 1860, Section 494, Criminal Procedure Code, 1973, Section 198, 2(d) -- Bigamy - Aggrieved person - FIR was filed by uncle of applicant and cognizance is taken on police report submitted by I.O - Neither I.O nor uncle of applicant can be termed as aggrieved person in view of S.198 Cr.P.C - They cannot also be treated as complainant, because no statement..........
Indian Penal Code, 1860, Section 494 -- Bigamy - Complaint filed by Muslim wife - Husband contracted second marriage during subsistence of first marriage - When personal law of Muslims permits to have as many as four wives at the same time, provision of S.494 IPC not attracted...........
Indian Penal Code, 1860, Section 494 -- Bigamy - Complaint filed by wife - Allegation that husband contracted second marriage during subsistence of first marriage - However, wife herself admitted that husband has divorced her with triple talak - More so, wife got married with one person before second marriage of husband - If second marriage of husband is an offence, same..........
Indian Penal Code, 1860, Section 376, 420, 494 -- Rape - Prosecutrix and accused belong to same area and their families are in social relations with each other - Both are known to each other from last 3 years - Prosecutrix stayed with accused in hotel room with her free volition having raised no hue and cry - Medical report shows no injury on the body of prosecutrix and..........
Indian Penal Code, 1860, Section 494, 493, 495, 496, 420, 506, 376, Information Technology Act, 2000, Section 67A -- Quashing of supplementary charge sheet filed u/s 376 IPC - Wife came to know about factum of earlier marriage of husband/accused in the year 2014 though parties were married in the year 2009 - Complaint lodged after one year of knowledge of previous marriage..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 406, 498A, 494 -- Anticipatory bail - Petitioner repeatedly joined the investigation - Challan already presented and nothing to be recovered from the petitioner - Complainant has changed stance before High Court - Without expressing any opinion on merits of case, interim bail granted made..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 494, 498A, 406, 420, 120B -- Anticipatory bail - Bigamy - Husband performed second marriage during subsistence of first marriage - There are no criminal antecedents against husband except present case - High Court not justified in dismissing application of husband only on the basis of petition..........
Indian Penal Code, 1860, Section 494 -- Second marriage - No assertion about validity of second marriage - Nothing on record to show that second marriage was a valid marriage or essential for S.5 of Hindu Marriage Act are fulfilled - Proceedings quashed...........
Indian Penal Code, 1860, Section 494, 109 -- Bigamy - Husband acquitted - Second prosecution against husband and second wife - If prosecution for the offence of bigamy is not sustainable against husband then same cannot be sustained against second wife - Moreover, in the complaint and statement there is no whisper that second wife entered into matrimony while knowing the..........
Indian Penal Code, 1860, Section 494, 109 -- Bigamy - Prosecution of second wife - Not barred as she entered into matrimony with main accused having knowledge about subsistence of his first marriage...........
