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2023 Supreme(Raj) 1036

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
Pushpendra Singh Bhati, J.
Shrawan Singh & Anr. – Appellant
Versus
State of Rajasthan Through PP & Anr. – Respondent
S.B. Criminal Misc(Pet.) No. 3716/2022
Decided On : 06-01-2023

Advocates Appeared:
Mr. Pradeep Kumar Shah, for the Appellant; Mr. AR Choudhary, P.P. Mr. R.S. Choudhary, for the Respondent.

Headnote:(A) Indian Penal Code - Sections 494, 495, 109, 114, and 420 - Whether third parties can be prosecuted for abetment in cases of bigamy. (Paras 13, 32, 40)

(B) The offence of bigamy is a personal crime committed solely between spouses. For abetment to exist, there must be active complicity or direct intent to aid the commission of the primary offence, which is absent when family members or others merely witness or participate in a marriage ceremony. (Paras 12-25)

(C) Inherent powers of the High Court under Section 482 Cr.P.C. allow it to quash proceedings lacking a prima facie case, particularly when there is a failure to establish abetment. (Paras 11-12)

Facts of the case:
Petitioners sought to quash orders of cognizance for knowingly participating in a bigamous marriage, claiming lack of specific roles and evidence against them. Key allegations involved the second marriage during the subsistence of the first marriage. Finding of Court: The High Court ruled that merely being present or participating in a ceremony does not establish abetment of bigamy. Thus, the criminal charges against the petitioners could not stand.

Issues: The main questions were whether the actions of the petitioners constituted abetment of bigamy and whether such a claim could legally be sustained.

Ratio Decidendi: The Court concluded that the offence of bigamy is confined solely to the spouses involved and that extensions of liability to third parties are not justified within the law.

Result: Petition allowed; impugned orders quashed.

Table of Content
1. relief sought in petition. (Para 1)
2. background of marriage and allegations. (Para 2)
3. arguments regarding lack of involvement. (Para 3 , 4 , 5 , 6)
4. court's notes on maintainability and jurisdiction. (Para 7 , 8 , 9 , 10)
5. observations on factual matrix and jurisprudence. (Para 11 , 12)
6. legal analysis of abetment and bigamy. (Para 13 , 14 , 15 , 16 , 17)
7. explaining sections 494 and 495 ipc. (Para 18)
8. nature and approach towards matrimonial offences. (Para 19 , 20 , 21 , 22)
9. consideration of the nature of bigamy as an offence. (Para 23 , 24 , 25 , 26)
10. implications of the decision on societal perspective. (Para 27 , 28 , 29 , 30)
11. final notes on intent and legal reasoning. (Para 31 , 32 , 33 , 34)
12. summary on maintaining marital sanctity in legal context. (Para 35 , 36 , 37 , 38)
13. conclusion on culpability regarding bigamy. (Para 39 , 40 , 41)
14. court's final order on the petition. (Para 42)

JUDGMENT

1. This Criminal Misc. Petition under Section 482 Cr.P.C. has been preferred claiming the following reliefs:-

"It is, therefore, most respectfully prayed that this Criminal Misc. Petition may kindly be allowed and the order dated 06.04.2017 passed by the Learned Chief Judicial Magistrate, Sri Ganganagar, taking cognizance of the offences as also the order dated 31.03.2022 passed by the Learned Additional Sessions Judge No. 1, Sri Ganganagar, dismissing the Revision Petition preferred by the petitioner and affirming the order dated 06.04.2017 passed by the Learned Chief Judicial Magistrate, Sri Ganganagar, be quashed and set aside Any other appropriate order or direction which this Hon’ble Court deems just and proper may kindly be granted to the petitioners."

2. As the pleaded facts and the record would reveal, a complaint was filed by the complainant-respondent no.2-Sumer Kanwar D/o Karan Singh, stating therein that she wed one Pooran Singh on 11.05.2005, as per Hindu rites and rituals at Sri Ganganagar. And that, on 24.05.2013, Pooran Singh wed Suman Kanwar D/o Umaid Singh despite his first marriage subsisting with the complainant-respondent no. 2.

2.1 On 27.09.2013, the complainant-respondent no.2-Mst. Sumer Kanwar, filed an F.I.R. bearing No. 288/2013, at Police Station-Mahila Thana, Sri Ganganagar against eight accused persons namely; Puran Singh, Sajna Kanwar, Sujan Kanwar, Mithu Kanwar, Kanta Kanwar, Manfool Singh, Prabhu Singh and Suman Kanwar for the offences under Sections 420 , 406, 498A and 494 IPC; upon investigation, a charge-sheet came to be filed on 03.02.2014, against three of the aforementioned eight accused persons namely; Pooran Singh, Narpat Singh and Sajan Kanwar for the offences under Sections 419 , 420, 406, 498-A, 494, 171 and 120B IPC.

2.2 And that on 23.09.2016, the complainant-respondent no. 2 filed a private complaint before the learned Chief Judicial Magistrate, Sri Ganganagar; whereupon the learned Court below proceeded to take cognizance against the present petitioners, Petitioner no. 1-Shrawan Singh (brother of the second wife-Suman Kanwar D/o Umaid Singh) and petitioner no. 2-Bhanwri Kanwar (mother of the second wife), and eleven other persons for the offences under Sections 494 read with Sections 109 and 114 IPC, vide the impugned order dated 06.04.2017.

2.3 That a revision petition was preferred against the aforesaid order before the learned Additional Sessions Judge No. 1, Sri Ganganagar which came to be dismissed vide the impugned order dated 31.03.2022.

3. Learned counsel for the petitioners submits that no specific role has been attributed to the present petitioners in the alleged crime in question, and that therefore, the learned Courts below have erred in passing the impugned orders.

4. Learned counsel for the petitioners further submits that the impugned F.I.R. was lodged after a delay of about 4 months and that in the said F.I.R., the present petitioners-Shrawan Singh and Bhanwri Singh were not named. That even in the charge-sheet, that came to be filed

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