In proceedings for bigamy under Section 494 IPC, the question of whether essential marriage ceremonies (such as Saptapadi) were performed is a matter of trial and does not need to be proved by the complainant at the summoning stage.

By means of the present Criminal Misc. Application filed under Section 482 of the Code of Criminal Procedure, 1973, the applicant has sought quashing of the judgment and order dated 07.08.2021, passed by 2nd Additional Sessions Judge, Nainital in Criminal Revision No.132 of 2019, Kharak Singh Dhapola vs. State of Uttarakhand and another, as well as the summoning order dated 04.08.2016, passed by Judicial Magistrate 1st, Haldwani, District Nainital in Criminal Case No.2019 of 2015, Smt. Sarojini Dhapola vs. Kharak Singh Dhapola and entire proceedings of Criminal Case No.2019 of 2015, Smt. Sarojini Dhapola vs. Kharak Singh Dhapola under Sections 494, 504 of IPC read with Section 357 of the Cr.P.C. pending in the Court of Additional Chief Judicial Magistrate, Haldwani, District Nainital.

The present Criminal Misc. Application under Section 482 of the Cr.P.C. emanates out of a criminal complaint, which was filed by complainant Smt. Sarojini Dhapola against the applicant, Bharat Singh Dhapola, with the allegations of contracting a second marriage during the subsistence of the first marriage with the complainant. It has been alleged in the complaint that the complainant, who is the wife of the accused, got married with him on 07.03.1988, and it is contended that the accused/applicant, herein, contracted a second marriage without nullifying the first marriage with the complainant on 04.07.2010. Therefore, it was prayed that cognizance of the offence committed by the accused be taken and he may be prosecuted accordingly.

In pursuance to the aforesaid complaint, the complainant/respondent No.2, herein, was examined under Section 200 of the Cr.P.C. and a report of Thana Mukhani, District Nainintal, was also summoned by the Trial Court and based on the said statement, by a summoning order dated 04.08.2016, the Judicial Magistrate 1st, Haldwani, District Nainital has summoned the accused/applicant herein under Sections 494 and 504 of the IPC.

The said summoning order was assailed by the accused/applicant, herein, by means of filing a Criminal Revision, which was dismissed by the 2nd Additional Sessions Judge, Nainital, vide judgment and order dated 07.08.2021.

Assailing the aforesaid summoning order dated 04.08.2016 as well as the revisional order dated 07.08.2021, the present application has been filed.

The learned counsel for the applicant would submit that prima facie no case is made out against the accused/applicant and the main ground on which he challenges the summoning order and the revisional order is that, in the absence of establishment of marriage by performing the ritual of Saptapadi as per Hindu marriage, no offence under Section 494 of the IPC would be made out.

Learned counsel for the applicant has relied upon the judgment of the Hon’ble Allahabad High Court in the case of Nisha vs. State of U.P. and Another reported in 2024 SCC Online All. 1462, and he has, in particular, invited the attention of the Court to paragraph 12 thereof. Paragraph 12 of the said judgment is being extracted hereunder for ready reference:

“12. Having heard the submissions of learned counsel for the parties and perusing the record, I find that so far as the second marriage of revisionist is concerned, it is well settled that the word ‘solemnize’ means, in connection with a marriage, ‘to celebrate the marriage with proper ceremonies and in due form’. Unless the marriage is celebrated or performed with proper ceremonies and due form, it cannot be said to be ‘solemnized’. If the marriage is not a valid marriage, according to the law applicable to the parties, it is not a marriage in the eyes of law. It is also well settled that to constitute an offence under Section 494 I.P.C., it is necessary that the second marriage should have been celebrated with proper ceremonies and in due form. The ‘Saptapadi’ ceremony under the Hindu Law is one of the essential ingredients to constitute a valid marriage but the said evidence is lackin