The Allahabad High Court has quashed the proceedings of a case registered under the charges of dowry harassment and bigamy in the matter of concealing the first marriage and entering into a second marriage.
A single-judge bench of Justice Saurabh Shyam Shamshery passed this order while hearing an application under Section 482 filed by Om Prakash Mishra And 2 Ors.
The complainant has disclosed herself to be the second wife and she is aggrieved that applicant Anchal Mishra has not disclosed his earlier marriage and in this regard, an FIR was lodged and subsequently a charge sheet was filed under Sections 494, 498-A IPC and 3/4 of DP Act.
It has been brought to the notice of the Court that if allegations are considered to be true, offence could be made out only under Section 495 IPC and for that in terms of Section 198 CrPC, complainant has to file a complaint.
In aforesaid circumstances, chargesheet could not be filed since no offence could be made out under Section 494 IPC and consequently, since there is no relationship of husband and wife, therefore, Section 498-A IPC could also not be made out, the Court observed.
Accordingly, the Court quashed the charge sheet dated 19.06.2019 in Case under Sections 498-A, 494 IPC and Section 3/4 of DP Act, Police Station- Kidwai Nagar, District Kanpur Nagar.
However, the complainant will be at liberty to file a complaint case under Section 495 IPC in terms of Section 198 CrPC, if so advised, the Court ordered.
With the above observations, the Court disposed of the application.
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