Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(All) 1536

IN THE HIGH COURT OF ALLAHABAD
Sanjay Kumar Singh, J.
Smriti Singh Alias Mausami Singh And Others – Applicants
Versus
State of U.P. and Another - Opposite Parties
Application U/S 482 No. - 23148 of 2022
Decided On : 19-09-2023

Advocates:
Advocate Appeared:
For the Applicant : Shri Prakash Dwivedi, Saurabh Sachan
For the Opposite Party : Ajatshatru Pandey

The main legal point established in the judgment is that for an offence of bigamy under Section 494 I.P.C., the second marriage must be celebrated with proper ceremonies and in due form, and the absence of essential marriage ceremonies and corroborative materials can lead to the quashing of proceedings.

Headnote:
bigamy - Marriage - Sections 494 and 109 I.P.C. - Hindu Marriage Act - Section 7(2) - Indian Evidence Act - Section 65B(4)
Fact of the Case:

The case involved a complaint against the applicants for the alleged offence of bigamy under Sections 494 and 109 I.P.C. The complainant alleged that the applicant no. 1 had solemnized her second marriage while her first marriage was still subsisting. The court was tasked with determining the validity of the allegations and the subsequent summoning order.
Finding of the Court:

The court found that the allegations of second marriage lacked corroborative evidence and failed to establish the essential ingredients of a valid marriage under the Hindu Marriage Act. It also noted that the complainant and witnesses had familial ties and were previously accused by the applicant, raising doubts about their credibility. The court concluded that the criminal proceedings were a malicious prosecution and an abuse of the court's process, leading to a grave miscarriage of justice.
Issues: The key issues revolved around the validity of the allegations of bigamy, the sufficiency of evidence to establish a second marriage, and the credibility of the complainant and witnesses.
Ratio Decidendi: The court emphasized that to constitute an offence of bigamy under Section 494 I.P.C., the second marriage must be celebrated with proper ceremonies and in due form. It highlighted the lack of evidence regarding essential marriage ceremonies and the absence of corroborative materials. The court also applied the criteria for quashing proceedings as laid down by the Apex Court to determine the expediency and interest of justice in permitting the prosecution to continue.
Final Decision: The court quashed the impugned summoning order and further proceedings, allowing the application under Section 482 Cr.P.C.

JUDGMENT :

1. Heard Mr. Saurabh Sachan, learned counsel for the applicants, Mr. Rabindra Kumar Singh, learned Additional Government Advocate assisted by Ms. Pratiksha Rai, learned Brief Holder for the State of U.P./opposite party No.1 and Mr. Ajatshatru Pandey, learned counsel appearing on behalf of the opposite party no. 2.

2. This application under Section 482 Cr.P.C. has been filed by the applicants with a prayer to quash the summoning order dated 21.04.2022 and proceedings of Complaint Case No. 2513 of 2021 (Satyam Singh vs. Smriti Singh), under Sections 494 and 109 I.P.C., Police Station Sigra, District Varanasi, pending in the Court of learned Civil Judge (J.D.) F.T.C. 1st, Varanasi.

3. The facts of the case which are required to be stated are that on 05.06.2017, marriage of the complainant/opposite party no. 2-Satyam Singh was solemnized with the applicant no.1-Smriti Singh alias Mausami Singh as per Hindu Rites and Rituals but their marriage was not successful and on account of acrimonious relation and matrimonial dispute, applicant no. 1 lodged a first information report on 30.06.2017 registered at Case Crime No. 0341 of 2017 for the offence under Sections 498-A, 323, 504, 506, 354 I.P.C. and Sections 3/4 Dowry Prohibition Act, at Police Station-Kotwali Dehat, District-Mirzapur against opposite party no. 2 and his other family members namely Kaushlendra Pratap Singh, Suman Singh and Shivam Singh @ Banti making allegations inter-alia of her harassment and torture by the accused persons adopting different modus-operandi as well as demand of additional dowry. In the F.I.R., it is also alleged that on account of non-fulfillment of their demand of dowry, she was ousted from her matrimonial home on 22.06.2017. After culmination of investigation, charge-sheet dated 24.01.2018 has been submitted against all the accused persons named in the F.I.R. dated 30.06.2017. The said charge-sheet was challenged by the accused persons including opposite party no. 2 by filing an Application under Section 482 Cr.P.C. No. 929 of 2019, in which the matter was referred to mediation and conciliation centre vide order dated 10.01.2019 but the mediation between the parties concerned has failed. The applicant no. 1, in addition to F.I.R. dated 30.06.2017, also filed a Criminal Misc. Case No. 64 of 2018, under Section 125 of Cr.P.C. before the Principal Judge, Family Court, Mirzapur which was decided ex-parte by the Family Court vide order dated 11.01.2021 and the opposite party no. 2 (husband of applicant no. 1) was directed to pay a sum of Rs. 4,000/- per month to his wife (applicant no. 1) until she gets remarried. Thereafter, opposite party no. 2 gave an application before the Higher Police Officials making allegation of bigamy against his wife-Smriti Singh @ Mausami/applicant no.1. The said application was thoroughly investigated by the Circle Officer Sadar, District Mirzapur and allegations of bigamy etc. against the applicant no. 1 was found false. Accordingly, inquiry report dated 06.01.2021 was submitted by Circle Officer Sadar, Mirzapur to Superintendent of Police, Mirzapur. After that the complainant/opposite party no. 2 filed a complaint dated 20.09.2021 against the applicants as well as against Mahant Singh @ Raghvendra Singh, Jhallar Singh, Vimla Devi, Ramjit Singh and six-seven other unknown persons for the alleged offence under Sections 494 and 109 I.P.C. making allegations inter-alia that the applicant no. 1-Smriti Singh @ Mausami Singh had sanctified her second marriage on 03.09.2017 with Mahant Singh @ Raghvendra Singh s/o Jhallar Singh r/o Village Bhikaripur, Police Station Kachwa, District Mirzapur in the house of Ramjit Singh situated in District Varanasi in accordance with Vidhiwat Hindu Dharm Shastra and she is living with her second husband without taking divorce from him. The learned Magistrate, after recording the statement of the complainant under Section 200 Cr.P.C. and his witnesses namely Kaushlendra Pratap Singh and Su