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ARVIND KUMAR VERMA
Manju Sinha – Appellant
Versus
Pyari Dadsena – Respondent
ORDER
With the consent of learned counsel for the parties, the matter is heard finally.
2. This petition has been preferred by the petitioner under Section 528 of the BNSS, 2023, for quashing the criminal proceedings of Complaint Case No.471/2013 pending before the JMFC, Raipur against the petitioner.
3. Brief facts of this case are that the marriage of the Complainant was taken place with Nagendra Kumar Dadsena on 18.05.2006 as per the custom prevailing in the society and due to wedlock on 09.06.2009, a daughter Yoglakshmi was born. Thereafter, the husband and family members have started harassing her mentally as well as physically. In the month of November, 2012, the family members ousted her saying that your husband has performed the second marriage. When she came to know that the husband has performed the second marriage with the petitioner on 11.05.2011 at Arya Samaj Temple Baijnathpara Raipur without obtaining divorce from the complainant so she made the complaint to the police on 03.12.2012, but no offence has been registered, therefore, she filed the complaint case including the name of petitioner and three others. On the basis of said complaint, a criminal case no. 1263/20
Second Wife – Petitioner herein who is the second wife of the accused-cannot be prosecuted for the offence under Section 494 of Penal Code.
A second wife cannot be prosecuted under Section 494 IPC if she was unaware of her husband's prior marriage, as the law targets the erring spouse.
Muslim personnel cannot be prosecuted for the offence punishable under Section 494 of IPC in the context of Muslim marriage.
The absence of evidence for a valid marriage ceremony negates allegations under Section 494 IPC.
Only the person who marries during the subsistence of an earlier marriage can be prosecuted under Section 494 of IPC, and not the relatives who participated in or attended the wedding.
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