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...........
Criminal Procedure Code, 1973, Section 182(2), Indian Penal Code, 1860, Section 494, 109 -- Offence u/ss 494, 109 - Jurisdiction - Prosecution for offence u/s 494 IPC can be launched by wife against husband at a place where she is permanently residing after commission of offence...........
Criminal Procedure Code, 1973, Section 182(2), Indian Penal Code, 1860, Section 494, 109 -- Offence u/ss 494, 109 - Jurisdiction - Objection as to jurisdiction - Where main accused does not made any endeavour to question the impugned order of framing charge and dismissal of revision against the same, objection as to jurisdiction on behalf of co-accused is wholly untenable...........
