The court ruled that a charge under Section 495 is not maintainable without a complaint from the aggrieved person, and civil court declarations regarding marital status are binding on criminal courts.

ORDER :

Prayer: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records pertains to Charge Sheet in C.C. No. 80 of 2022 on the file of the learned Judicial Magistrate, Nilakkottai and quash the same.

1. This Criminal Original Petition is filed with the prayer to call for the records pertaining to the impugned to Charge Sheet in C.C. No. 80 of 2022 on the file of the learned Judicial Magistrate, Nilakkottai and quash the same.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Criminal Side) appearing on behalf of the first respondent.

3. In spite of the notice being served and this Court directing the investigating officer to serve notice on the de-facto complainant recently, the de-facto complainant appeared before this Court and undertook to argue the matter either personally or by engaging an advocate. However, today there is no representation. In view thereof, this Court proceeds further to consider the matter on merits and decide the issue.

4. It can be seen that the de-facto complainant lodged a complaint on 04.04.2014, in which the case was initially registered as Crime No. 5 of 2014 for offenses under Sections 418, 420, and 506(i) of the Indian Penal Code (IPC). Thereafter, upon completion of investigation, now the final report is filed for the offences under Sections 420, 506(i), 495 and 294(b) of IPC. The case of the de-facto complainant is that he got married to the first petitioner herein by name Aditya on 09.09.2013. Thereafter, on 27.01.2014, a summon was issued by the High Court directing the said Aditya to appear before the High Court. Upon verification, it was found that H.C.P. No. 94 of 2014 was filed by a third party, claiming that the de-facto complainant’s wife, Aditya, is married to him and, therefore, she must be produced before the Court. Thereafter only the defacto complainant was shocked to know that his wife is already married and the marriage is also registered with the Registrar of Marriages on 19.06.2012 and completely suppressing the said marriage, the de-facto complainant was cheated. When the de-facto complainant raised the issue with his in laws, all the petitioners herein threatened him with dire consequences and also threatened and abused using filthy language and hence the complaint. Upon finding that the de-facto complainant's version was true and correct, the final report was filed based on the statements made before the investigating officer.

5. The learned counsel for the petitioner submits that the charge under Section 494 is not maintainable because no complaint by the aggrieved person was filed before any court. Therefore, there is a bar under Section 198 of the Code of Criminal Procedure preventing the respondent from taking cognizance of the matter, investigating, and filing a final report. He further submits that the first petitioner subsequently approached the civil court, which declared that the marriage alleged by the de-facto complainant never took place and that the registration was invalid. Therefore, the court granted a decree holding that the marriage reflected in the registration certificate is null and void. Once the marriage is declared as null and void, then there is no question of the offence of bigamy as well as the offence of Section 420. He would submit that when the major offences are not made out, the incidental offences of 506(i) and 294(b) are only a fall out of the major offences and that also no specific details have been given and therefore, the entire case need to be quashed.

6. Per contra, the learned Government Advocate would submit that the judgment of the civil court came only subsequently. As on date, when the petitioner contracted marriage of the de-facto complainant, she certainly committed the offence of bigamy. Accordingly upon finding that there was a valid registration of a marriage, the charge sheet was filed. In addition, the de-facto complainant was kept in the da