Indian Penal Code, 1860, Section 494, 406, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 494, 406 IPC - Quashing of charge sheet - Essential ceremonies of marriage whether gone into or not is a matter of trial...........
Indian Penal Code, 1860, Section 494, 406, Criminal Procedure Code, 1973, Section 482 -- Quashing of charge sheet - From the allegations made in FIR an offence u/ss 494, 406 IPC made out - At this stage allegations made in FIR have to be accepted as true - Truthfulness or otherwise of the allegations not to be gone into at this stage - Essential ceremonies of marriage..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 494, 406 -- Quashing of charge sheet - High Court cannot quash charge sheet prior to exercise of discretion by Magistrate u/s 190 Cr.P.C...........
Indian Penal Code, 1860, Section 494, 495 -- Bigamy - Accused marrying victim woman by concealing his first marriage - Complaint by second wife u/ss 494 and 495 of the Code - Whether maintainable - Held, accused contacted second marriage by concealing first marriage, as such second wife alone was aggrieved u/s 495 of the Code - She was entitled to maintain complaint...........
Indian Penal Code, 1860, Section 494 -- Ingredients of the offence u/s 494 IPC are : (i) the accused must have contracted first marriage; (ii) he must have married again; (iii) the first marriage must be subsisting and (iv) the spouse must be living...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 406, 494 -- Offence u/ss 406, 498-A & 494 IPC - Quashing of complaint and summoning order - No allegation against petitioner as regards offences u/ss 498-A and 406 IPC are concerned - Summoning order u/ss 498-A & 406 IPC qua the petitioner is clearly not sustainable - As far as offence u/s..........
Indian Penal Code, 1860, Section 494 -- Bigamy - Ingredients of the offence of bigamy are : (1) that the accused spouse must have contracted the first marriage; (2) that while the first marriage was subsisting the spouse concerned must have contracted a second marriage, and (3) that both the marriages must be valid in the sense that the necessary ceremonies required by the..........
Indian Penal Code, 1860, Section 494 -- Bigamy - Second marriage has to be established by proof of essential ceremonies constituting such marriage - Any other evidence indicating nexus between the petitioner and another woman including birth of children is inconsequential...........
Indian Penal Code, 1860, Section 494, 495 -- Bigamy - Allegation on wife and her relatives regarding concealment of former marriage from her husband - Other relatives cannot be held guilty for offences of bigamy - Order of summoning relatives of wife u/ss. 494, 495 IPC suffers from illegality and cannot be sustained in law...........
Indian Penal Code, 1860, Section 494 -- Bigamy - It is either the husband or the wife who marries during the life time of husband or wife who can be punished - The woman who marries a man whose wife is living cannot be prosecuted...........
