Indian Penal Code, 1860, Section 494, Criminal Procedure Code, 1973, Section 177 -- Jurisdiction - Offence u/s 494 IPC - Court within whose jurisdiction second marriage is performed has jurisdiction to try case - Complaint filed at place `R' where wife is permanently residing with her parents - Court at place `R' lacks jurisdiction to try the case, hence complaint quashed...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 494, 323, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Quashing of proceedings - Cruelty - Dowry demand - Disputed questions of fact arising in case cannot be adjudicated upon in an application u/s 482 Cr.P.C - Application for quashing dismissed...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 494, 495 -- Quashing of complaint - Offence u/ss 494, 495 IPC - No contentious material or disputed issues of evidence arise in the case - As between accused and complainant the issues as to whether she had a subsisting marriage on the date on which she entered into a marriage with complainant is..........
Indian Penal Code, 1860, Section 494 -- Bigamy - Second marriage performed after grant of decree of divorce but during pendency of appeal filed thereagainst - Appeal dismissed confirming decree of divorce - Doctrine of merger comes into play - Decree would operate from date of original decree of divorce of Family Court - Appellate decree reverts back to date of decree of..........
Indian Penal Code, 1860, Section 494, 114 -- Main offence u/s 494 IPC becoming inoperative and non est - Perfunctory offence u/s 114 IPC not attracted...........
Indian Penal Code, 1860, Section 498A, 494, 323, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4, Muslim Women (Protection of Rights on Marriage) Act, 2019, Section 3, 4 -- Offence u/ss 498-A, 494, 323, 504, 506 IPC, Ss.3, 4 of Dowry Prohibition Act and Ss.3, 4 of Muslim Women Act - Settlement - Quashing of complaint - Parties have undertaken not to indulge in any..........
Indian Penal Code, 1860, Section 494, 120B -- Bigamy - Quashing of proceedings - Second marriage by wife during subsistence of her first marriage - Petitioners admitted that it was second marriage of wife - Prima facie offence u/s 494 IPC is made out against wife and co-accused - Petition for quashing dismissed...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 494, 420, 120B -- Anticipatory bail - Bigamy - Cheating - Criminal conspiracy - Second marriage by husband during subsistence of his first marriage - Although husband stated that he had made complainant/wife and other members of her family fully aware about his marital status and that complainant..........
Indian Penal Code, 1860, Section 494 -- Bigamy - Mere fact that some person had attended marriage without having knowledge that earlier marriage of person getting married was still subsisting would not make him liable for offence u/s 494 IPC...........
Indian Penal Code, 1860, Section 494 -- Bigamy - A person to be held responsible for having abetted or having conspired for commission of offence u/s 494 IPC is required to be attributed not only the knowledge that such person was contracting marriage during the subsistence of his earlier marriage but also that he had taken some steps knowingly for facilitating..........
