Only the individual marrying during an existing marriage can be prosecuted under Section 494 of IPC; family members cannot be charged without direct allegations of abetment or involvement.

ORAL ORDER

The petitioners are accused Nos.1 to 10. They stand at the doors of this Court calling in question proceedings in C.C.No.13849/2025 registered for offences punishable under Sections 498A , 323, 494, 417, 504, 506, 149 of the Indian Penal Code, 1860 ('the IPC ' for short) and Sections 3 and 4 of the DOWRY PROHIBITION ACT , 1961.

2. Heard Anil Shekar K.S., learned counsel appearing for the petitioners; Sri. K. Nageshwarappa, learned High Court Government Pleader appearing for respondent No.1 and Sri. A.N. Jagadish Shastri, learned counsel appearing for respondent No.2.

3. Respondent No.2 is the complainant. The petitioner No.1/accused No.1 is the husband. All others, family members of the husband, except accused No.7, who is said to be the alleged second wife and the other accused, the parents of the alleged second wife. All of them are dragged into the web of crime by registering a complaint against these accused by respondent No.2, which becomes a crime in crime No.29/2025 for the afore-quoted offences. The accused No.1 and respondent No.2/complainant get married on 20.05.2021. It transpires that the relationship between the two soon flounders. On floundering of the relationship, the parties were before the Family Court in MC.No.1/2023, wherein the husband and the wife settled the dispute by seeking to rejoin.

Differences arose after the settlement, the rejoining never happened. Therefore, another proceeding is instituted by petitioner No.1 seeking dissolution of marriage in MC.No.4637/2024. Immediately thereafter, complaint sprang from the hands of the complainant against the petitioners or the family members. The subject complaint forms the third in line, this becomes a crime in crime No.29/2025 for the afore- quoted offences. The Police conduct investigation and file a charge sheet before the concerned Court again for the afore- quoted offences and the matter is now registered as C.C.No.13849/2025. Registration of the C.C. is what has driven the petitioners to this Court in the subject petition.

4. The learned counsel appearing for the petitioners would vehemently contend that none of the ingredients that are necessary to drive home the allegations that are levelled against the petitioners are present in the case at hand. Insofar as the offence under Section 498A of the IPC is concerned, the learned counsel would submit none of the complaints in any manner would indicate any cruelty from the hands of the husband or the family members qua the demand of dowry. The learned counsel further submits that the offence under Section 494 of the is roped in only on a suspicion that the husband may have got married to accused No.7. Therefore, the learned counsel seeks quashment of the entire proceedings.

5. Per contra, the learned counsel appearing for respondent No.2/complainant would vehemently refute the submissions in contending that respondent No.7 is the second wife of the petitioner. There are photographs, accused No.7 is now carrying and the father is accused No.1/ petitioner No.1. He would submit demand of dowry is clearly brought out in the complaint and the charge sheet and therefore, it is a matter of trial for the petitioners to come out clean.

6. The learned High Court Government Pleader would toe the lines of the learned counsel appearing for the complainant in seeking dismissal of the petition, submitting that it is a matter of trial for the petitioners to come out clean.

7. I have given my anxious consideration to the submissions made by the respect