The jurisdiction under Section 482 CrPC is not to quash proceedings based on disputed facts; such issues must be resolved in trial.

JUDGMENT :

ANIL KUMAR CHOUDHARY, J.

Heard the parties.

2. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure with the prayer to quash the entire criminal proceedings in connection with Ramgarh (Mahila) P.S. Case No. 29 of 2020 including the order dated 08.09.2021 passed by the learned Chief Judicial Magistrate, Ramgarh whereby and where under the learned Chief Judicial Magistrate, Ramgarh has taken cognizance of the offence punishable under Section 494 of the Indian Penal Code inter alia against the petitioner basing upon the charge sheet submitted by the police in the said case.

3. Learned counsel for the petitioner submits that the petitioner is not appearing before the trial court over four years and absconding, hence, the learned Judicial Magistrate has fixed the case for appearance of the petitioner. It is next submitted that allegation against the petitioner is false. The informant is in the habit of lodging false cases. Though the allegation is that during the subsistence of the marriage of the petitioner with the informant, the petitioner has solemnized marriage which is void by reason of the same taking place during the lifetime of the informant but the lady with whom the petitioner has solemnized second marriage namely Arina has not been arrayed as an accused of the case. It is further submitted that the offence punishable under Section 494 of the Indian Penal Code is not made out because the parties are Muslim; so, second marriage is not void. Hence, it is submitted that the prayer as prayed for in this Criminal Miscellaneous Petition be allowed.

4. Learned Public Prosecutor appearing for the State and the learned counsel for the opposite party No.2 on the other hand vehemently oppose the prayer of the petitioner made in this Criminal Miscellaneous Petition and submit that there is no hard and fast rule that second marriage of any Muslim man when his wife is living, is not void and at best, the same is a disputed question of fact; for determination of which, the evidence is required to be led by the parties. Hence, at this nascent stage, in exercise of the power under Section 482 of the Code of Criminal Procedure, this Court cannot decide any highly contentious issue of fact. It is next submitted that since the cognizance of the offence has been taken by the learned Chief Judicial Magistrate, Ramgarh based on a Police Report, certainly, the Judicial Magistrate cannot add or subtract any section at the time of taking cognizance but the same would be permissible for the learned Chief Judicial Magistrate, Ramgarh or the learned trial court only at the time of framing of charge; which is yet to be framed and which cannot be done so far because the petitioner knowing pretty well that the summoning order has been passed against him since the year 2021, has successfully avoided appearing before the trial court till today, by hoodwinking the process of the court; which shows that the petitioner does not have any regard for law and such person is not entitled to invoke the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure. Hence, it is submitted that this Criminal Miscellaneous Petition, being without any merit, be dismissed.

5. Having heard the rival submissions made at the Bar and after carefully going through the materials available in the record, it is pertinent to mention here that it is a settled principle of law as has been held by the Hon’ble Supreme Court of India in the case of State of Gujarat vs. Girish Radhakrishnan Varde reported in (2014) 3 SCC 659 , para-15 of which reads as under:-

“15. The question, therefore, emerges as