Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 494 -- Summoning of additional accused - Bigamy - No evidence on record that person sought to be summoned as additional accused had knowledge about marital status of accused being already married and also despite knowing about said status, they had encouraged or facilitated him for solemnizing..........
Indian Penal Code, 1860, Section 420, 376, 493, 494, 495, 496, Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Cheating - Marriage between accused and prosecutrix not denied and even previous marriage of accused and two kids also not denied - Accused said himself to be unmarried and under his assurance and persuasion this marriage took place, stated by..........
Indian Penal Code, 1860, Section 494, 495 -- Bigamy - Petitioner got divorce from her former husband and thereafter she got married with complainant and said fact was disclosed to complainant and his relatives - Offence u/s 495 IPC would not attract as against petitioners - Proceedings held, quashed...........
Indian Penal Code, 1860, Section 494 -- Bigamy - Second marriage during subsistence of first marriage - Compliant by Muslim wife - A Mahomedan may have as many as four wives at the same times but not more - If he marries a fifth wife when he has already four wives, the marriage is not void but merely irregular - Bigamy is thus permissible under Muslim Law - Provision of..........
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..........
