0 0 Puneet Batish Advocate. The High Court was thus clearly in error in quashing the charge under Section 494 I.P.C. Who can file complaint? 17 Punishment of bigamy. In order to prove offence of bigamy ,there should ample evidence to prove they have contacted second marriage without nullifying the first marriage. 6.For better appreciation of the case, it is necessary to extract Section 494 of IPC hereunder: 494. Though Section 11 of the Hindu Marriage Act provides that any marriage solemnized, if it contravenes the conditions specified in Clause (i) of Section 5 of the said Act, shall be null and void, it also provides that such marriage may on a petition presented by either party thereto, be so declared. Section 198(1)(c), after the Amendment made by the Code of Criminal Procedure(Andhra Pradesh Second Amendment) Act, 1992 cannot be interpreted in isolation without referring to the fact that offences under Sections 494 and 495 IPC have been made cognizable so far as the State of Andhra Pradesh is concerned. Misuse Of Section 498A IPC Complaint By Wife. 2 was not wife within the meaning of Section 498A of the IPC and was not entitled to maintain complaint under the said provision. under Section 494 along with other cognizable offences by virtue of Section 155 (4) of the Criminal Procedure Code. and Anr. 8. However, this Court finds that the Legislative Assembly of the State of Andhra Pradesh enacted the Code of Criminal Procedure (Andhra Pradesh Second Amendment) Act, 1992. This Court has heard the learned Counsel for the parties at length and also considered the documents forming part of the appeal. Complaint for cheating can be filed under section 415 of IPC. The father of an aggrieved wife can also make a complaint under section 494/495 … Law of inheritance would prejudicially operate against her. 9. Validity of a Divorce granted by a Foreign Court, Follow A Question Of Law- Law for Indian Matters on WordPress.com. on the ground that the Trial Court could not take cognizance of that offence unless a complaint was filed personally by the wife or any other near relation contemplated by Clause (c) of the Proviso to Section 198 (1). The contention that the respondent no. 2 who is not the aggrieved person within the meaning of Section 198 of the Code. When a law, such as Section 11 of Hindu Marriage Act, 1955 declares that a second marriage by a husband, who has living wife, with another woman is void, for breach of Section 5 (i) of the said Act, it brings/attaches several legal disabilities to the woman with whom second marriage is performed. 498A IPC and on the basis of police report, cognizance of the said offence against the appellant could not have been taken by the learned Magistrate. Sadanatham Vs. Arunchalam (1980) 3 SCC 141, the appellate power vested in the Supreme Court under Article 136 is not to be confused with the ordinary appellate power exercised by appellate Courts and appellate Tribunals under specific statutes. received his assent, prevail in that State. Section 155(4) of the Code inter alia provides that:- "Where a case relates to two or more, cognizable, the case shall be deemed to be. 5. Having regard to the scope, purpose, context and object of enacting Section 494 IPC and also the prevailing practices in the society sought to be curbed by Section 494 IPC, there is no manner of doubt that the complainant should be an aggrieved person. 2 who is claiming to be second wife of the … The impugned Judgment quashing the complaint filed by the respondent no. Singhvi and A.K. the respondent no. While holding the view that the power of attorney holder can be allowed to file, appear and depose for the purpose of issue of process for the offence punishable under Section 138 … Section 495 IPC provides that if a person committing the offence defined in Section 494 IPC conceals from the person with whom subsequent marriage is contracted, the fact of the former marriage, the said person is liable to punished as provided therein. It was also the case of the appellant that Section 417 IPC merged into offence under Section 495 IPC which is a graver offence than Section 417 and as there were no allegations Reportable. Section 494 is intended to achieve laudable object of monogamy. Thus there is no manner of doubt that Sections 494 and 495 IPC are cognizable offences so far as State of Andhra Pradesh is concerned. Section 198 of the Criminal Procedure Code remains and in the event of any repugnancy between the two legislations, the legislation made by the Parliament would prevail, because, Section 198 of the Criminal Procedure Code still holds the field despite the fact that the State Legislation made amendment to the Schedule of Criminal Procedure Code, with respect, is erroneous and contrary to all cannons of interpretation of statute. Where the case involves one cognizable offence also alongwith non-cognizable offences it should not be treated as a non- cognizable case for the purpose of sub-section 2 of Section 155 and that is the intention of legislation which is manifested in Section 155(4) of the Code of Criminal Procedure. 2 herein by concealing from her the fact of former marriage and therefore her complaint against the appellant for commission of offence punishable under Section 494 and 495 IPC is, maintainable and cannot be quashed on this ground. When is Bigamy offence ? This Court does not find any substance in the above mentioned argument of the learned Counsel for the appellant. – marries ,but  such marriage is void, 6. The private complaint filed by the respondent projects the petitioner herein for the alleged offences under Sections 494 and 420 of IPC. Relation to marital relationship divorce deed case of the IPC under Sections 494 and 495 IPC supersedes practice... 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