TMI Blog1992 (4) TMI 254X X X X Extracts X X X X X X X X Extracts X X X X ..... ge, custody of the minor children and criminal prosecution are pending between the parties. While so, the appellant instituted a complaint before the Chief Judicial Magistrate, Amritsar, for bigamy alleging that Jawahar Lal married Shashi Arora at Amritsar on 8.2.1989; that the parents of Jawahar Lal and Shashi Arora in conspiracy intentionally abetted the performance of the second marriage with the full knowledge that the first marriage of Jawahar Lal with the appellant, Smt. Chand Dhawan, was subsisting. Jawahar Lal, Shashi Arora, the parents of Jawahar Lal and the parents of Shashi Arora were arrayed as accused. After recording the statement on oath of the complainant and two witnesses, the learned magistrate took cognizance of the compl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y such marriage. The complainant had emphatically stated before the High Court that the documents relied on by the respondents are not genuine, no such first information had been lodged by the appellant before the Police Station, NOIDA, Ghaziabad and that Vijay Bharti has also not sworn the affidavit produced in court. The objection was rejected by the High Court stating that the specific averments made in the petition have not been contradicted by the complainant by filing the reply. The learned counsel for the appellant contended before us that the High Court in exercising the jurisdiction under section 482, Cr.P.C., has made a probe into the truthfulness of the allegations made and proceeded to analyse the evidence which could be p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ether the allegations made by the complainant are frivolous or vexatious and actuated by oblique motive and that in the facts and circumstances of the case where the factum of the alleged marriage stands disproved by the contridictory statement made earlier to the complainant, the proceedings could not be justified and the High Court has rightly quashed the same. The High Court, relying on the decision of this Court in State of Bihar v. Murad Ali Khan, AIR 1989 SC 1, pointed out that when the High Court is called upon to exercise the jurisdiction to quash a proceeding at the stage of the magistrate taking cognizance of an offence, the High Court is guided by the allegations whether those allegations set out in the complaint or the char ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rd to show that the continuance of the proceedings would be an abuse of the process of the court or would defeat the ends of justice, the High Court would not be justified in quashing the complaint. In the present case, we have stated that the allegations in the complaint are specific and clear that during the subsistence of an earlier valid marriage the respondents Nos. 1 and 2 have entered into a second marriage and have thereby committed an offence falling under section 494, I.P.C. The complainant had affirmed the fact on oath. The two witnesses produced by the complainant before the magistrate have supported that case. Based on the statement on oath of the complainant read along with the evidence of the two witnesses thus recorded an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e the magistrate, the issue of the process to the respondents Nos. 1 and 2 who are alleged to have solemnised the second marriage during the subsistence of an earlier valid marriage of the appellant is proper and when process has been issued, the proceedings have to continue in accordance with law against these respondents Nos. 1 and 2. so far as other respondents are concerned, it may be said that they had been unnecessarily and vexatiously roped in. The allegations in the complaint so far as these respondents are concerned are vague. It cannot be assumed that they had by their presence or otherwise facilitated the solemnisation of a second marriage with the knowledge that the earlier marriage was subsisting. The explanation of the first r ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
