IMPORTANT POINT
The court established that under Section 494 IPC, only the husband can be charged with bigamy, not the second wife or her family, leading to quashing of proceedings.

ORDER :

1. This criminal petition is filed under Section 482 of Criminal Procedure Code (for short “Cr.P.C.”) to quash the proceedings in C.C. No. 183 of 2018 on the file of the Judicial Magistrate of First Class, Parchur, registered for the offence punishable under Sections 494, 506, 509, 109 read with 34 of Indian Penal Code (for short “I.P.C.”).

2. Petitioners herein are accused Nos.4, 8 and 9. Respondent No. 3 is the complainant. On 11.01.2018 respondent No. 3 filed a complaint before the police alleging that her marriage was performed with accused No. 1 on 14.08.2014 according to Christian Marriage Act in the presence of elders and parents. As her husband, father-in-law and sister-in-laws harassed her, she gave report to the Karamchedue police. Thereafter, while the marriage of the complainant and accused No. 1 is in force, her husband-accused No. 1 married petitioner No. 1 herein, and started living with her at Coimbatore. When the complainant, her mother question accused No. 1 about his second marriage, he abused the complainant and threatened her with dire consequences. Basing on the said report, a case in Crime No. 3 of 2018 on the file of Karamchedu Police Station was registered for the offences punishable under Sections 494, 509, 506, 109 read with 34 of I.P.C. After completion of investigation, police filed charge sheet and the same was registered as C.C. No. 183 of 2018 on the file of the Judicial Magistrate of First Class, Parchur. Petitioner No. 1 herein is accused No. 4. Petitioner No. 1-accused No. 4 is the daughter of petitioner Nos. 2 and 3, who are arrayed as accused No. 8 and 9. The present petition has been filed to quash the said C.C. No. 183 of 2018.

3. During hearing, learned counsel for the petitioners contended that petitioner No. 1 did not marry accused No. 1 and except a fabricated photograph, no other material is filed by the complainant in support of the averments made in her complaint. Neither the averments of the complaint lodged by the complainant and charge sheet disclose the role of petitioner Nos. 2 and 3 in the commission of alleged crime either directly or indirectly, and requested to allow the present petition.

4. Learned counsel for respondent No. 3 and Assistant Public Prosecutor representing respondent Nos.1 and 2 contended that while the marriage of accused No. 1 with the defacto complainant is in force, he married petitioner No. 1-accused No. 4, therefore, the petitioner No. 1-accused No. 4 along with her parents-accused Nos.8 and 9 are liable to be punished, and requested to dismiss the present petition.

5. Having heard the submissions made by the learned counsel representing both parties and on perusal of the material available on record, the point that arises for consideration is as follows:

“Whether the proceedings against the petitioners in C.C. No. 183 of 2018 on the file of the Judicial Magistrate of First Class, Parchur, are liable to be quashed by exercising jurisdiction under Section 482 of Cr.P.C.?”

POINT:

6. The petitioners filed the present petition under Section 482 of Cr.P.C.

7. Section 482 of Cr.P.C. saves the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under the Code or to prevent abuse of the process of any Court or otherwise to secure the ends of justice. It is an obvious proposition that when a Court has authority to make an order, it must have also power to carry that order into effect. If an order can lawfully be made, it must be carried out; otherwise it would be useless to make it. The authority of the Court exists for the advancement of justice, and if any attempt is made to abuse that authority so as to produce injustice, the Court must have power to prevent that abuse. In the absence of such power the administration of law would fail to serve the purpose for which alone the Court exists, namely to promote justice and to prevent injustice. Section 482 of Cr.P.C. confers no new powers but merely safeguards exi