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...........
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..........
