Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 494, 109 -- Quashing of proceedings - Offence u/ss 494, 109 - Merely because trial of case is pending since two decades and petitioners right is violated u/art.21 of Constitution, entire proceedings as such not liable to be quashed - Petition dismissed...........
Indian Penal Code, 1860, Section 494, 120B, Criminal Procedure Code, 1973, Section 198 -- FIR - Cannot be registered for offence u/s 494 IPC which is a non cognizable offence - S.154 Cr.P.C. deals with information in cognizable cases - Moreso S.198 Cr.P.C. puts a legal embargo for prosecution by any other mode except by way of complaint by the affected person - FIR..........
Indian Penal Code, 1860, Section 494 -- Bigamy - Attending second marriage of any person by friend, neighbours, relatives cannot lead to inference of conspiracy or abetment - Attending such functions cannot make them accused of abetment or conspiracy - Bigamy is purely personal act of person committing it...........
Indian Penal Code, 1860, Section 494, 498A, 323, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Bigamy - Cruelty - Allegation against relatives of husband - Quashing of proceedings - Second marriage was performed by husband during subsistence of first marriage - No specific allegation against applicants No.2 to 4, except the fact that they co-operated in second..........
Indian Penal Code, 1860, Section 494 -- Second marriage - After passing of ex parte divorce decree - Appeal against ex parte decree filed thereafter - No interim order of stay of divorce decree passed in appeal - Legally first wife was not in existence due to dissolution of her marriage - Held, no offence u/s 494 IPC is committed when accused performed second marriage..........
Indian Penal Code, 1860, Section 494, Criminal Procedure Code, 1973, Section 320 -- Bigamy - Offence u/s 494 is compoundable - Respondent had two children from second wife and appellant also remarried and begotten a son - Appellant would have no objection to compounding of offence u/s 494 IPC in terms of S.320 Cr.P.C. - However, respondent directed to pay a sum of Rs.5..........
Indian Penal Code, 1860, Section 494 -- Bigamy - S.494 IPC does not discriminate between an offender belonging to Hindu/Muslim/Christian male or female belonging to any caste or creed and can be proceeded u/s 494 IPC provided ingredients of said offence are made out...........
Indian Penal Code, 1860, Section 494 -- Bigamy - Where a Muslim male marries 5th wife, he can very well be prosecuted u/s 494 IPC - Since the 5th marriage will be void, personal law having permitted only four wives to be taken together - Similarly, Muslim female contracting second marriage can also be prosecuted u/s 494 IPC - Contention that S.494 IPC is not applicable to..........
Hindu Marriage Act, 1955, Section 28, 13(1)(1a), 13(1)(1b), Indian Penal Code, 1860, Section 494, 506 -- Divorce - On the grounds of cruelty and desertion - Adultery and bigamy by wife - Proof - No specific incident was stated by wife which could be termed as `cruelty' - All allegations were general in nature having no base - Husband has filed a criminal complaint of..........
Indian Penal Code, 1860, Section 494 -- Bigamy - Offence u/s 494 IPC would be attracted only if second marriage becomes void by reason that it had taken place during subsistence of first marriage and in the lifetime of one of spouse...........
