O R D E R:

This Criminal Petition is filed by the petitioners/A-1 and A-2, seeking to quash FIR.No.208 of 2024, on the file of Jammikunta Police Station, Karimnagar District. The offence alleged against the petitioners is under Section 494 of IPC.

2. Heard learned counsel for the petitioners and Sri M.Vivekananda Reddy, learned Assistant Public Prosecutor for the respondent – State. Perused the record.

3. The 2^nd respondent lodged a complaint against the petitioners alleging that 2nd petitioner is her husband and while their marriage is subsisting, he married the 1^st petitioner.

4. Learned counsel for the petitioners submits that a man and a woman living together as husband and wife would not be considered as an offence under Section 494 of IPC. If a marriage is solemnized according to legal and religious ceremonies and mere cohabitation does not constitute an offence under Section 494 of IPC.

5. Learned counsel for the petitioners relied on the judgment of High Court of Andhra Pradesh in Parvathi vs. State of Andhra Pradesh, [Crl.R.C.No.1116 of 2019], wherein, the Court held as under:-

“……….the legal position is manifest that in order to prove an offence of bigamy under Section 494 IPC, firstly, the factum of the second marriage has to be established and proved like any other fact with acceptable legal evidence; secondly, it has to be proved that the said second marriage was solemnized in due form as per the custom and ceremonies prevailing in the said community; and thirdly, it has to be proved that both i.e. the first marriage and the second marriage are valid marriages solemnized as per the ceremonies prevailing in the community”.

6. As seen from the provision, the 1^st petitioner even admitting that marriage was performed, however, the prosecution can only be against husband, who had married 2^nd respondent. The prosecution under Section 494 of IPC cannot be maintained insofar as 1^st petitioner is concerned.

7. With the above observation, the Criminal Petition is disposed off. However, the Investigating Officer shall accordingly, conclude the investigation. Miscellaneous applications pending, if any, shall stand closed.

_________________ K.SURENDER, J Date: 21.03.2025 dv