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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Mr.JUSTICE P.DHANABAL, J
Kalirajan – Appellant
Versus
Inspector Of Police All Women Police Station – Respondent
ORDER :
1. This Criminal Original Petition has been filed to quash the charge sheet in C.C.No.80 of 2022 on the file of the learned Judicial Magistrate, Nilakottai.
2. The case of the prosecution is that the marriage between the first accused and the defacto complainant was solemnized on 09.09.2013 at T.S. Sekaran Thirumana Mahal, Nilakottai. At the time of marriage the family of the first accused represented that he was working as Bank Employee in Madurai . Thereafter the first accused called the defacto complainant over phone and informed that she has to appear before the Madurai Bench of Madras High Court for a case relating to HCP (MD) No.94 of 2014. On enquiry the defacto complainant came to know that one Sankara Narayanan claiming that the first accused is his wife and she was in illegal custody of her father and further came to know that the said Sankara Narayanan and the first accused fell in love and got married at Sri Ponneswari Amman Temple, Trichy and registered their marriage before District Registrar Office, Trichy on 19.06.2012. Suppressing the first marriage the other accused persons arranged marriage of the first accused with the defacto complainant and when the same
Charges under Section 495 IPC cannot be maintained without a complaint from the aggrieved party, and civil court findings on marriage validity are binding on criminal courts.
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....
The court emphasized the importance of establishing the elements of alleged offences and the need for magistrates to consider relevant materials before issuing orders under Section 156(3) of Cr.P.C.
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.
Continuation of legal proceedings is unsustainable where allegations lack merit and essential elements of the offense are not established.
Matrimonial disputes should not be converted into criminal complaints without sufficient evidence. General allegations against family members are insufficient to constitute offenses under IPC section....
The court emphasized the importance of examining the prima facie evidence of alleged offenses from the complainant's FIR and chargesheet, even if a chargesheet had been filed.
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