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1992 (4) TMI 254

Court was delivered by FATHIMA BEEVI, J. Leave granted. The appellant, Smt. Chand Dhawan, was married to the first respondent, Jawahar Lal, on 19.9.1972. After three children were born, the spouses started to live separate. The children are left with the father. A spurt of litigation followed thereafter. Proceedings for dissolution of the marriage, 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 .....

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age between the respondents Nos. 1 and 2 was solemnised at Greater Kailash, New Delhi in February 1989 quite contrary to the allegations under the present complaint and (2) Vijay Bharti, one of the persons, stated to have performed the second marriage has filed an affidavit dated 7.5.1990 before the court stating that he did not perform any 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 .....

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d counsel has also relied on the decision of this Court in State of Haryana and Ors. v. Ch. Bhajan Lal and Ors., JT [1990] 4 SC 650. The learned counsel for the respondent in supporting the impugned order of the High Court has maintained that the circumstances of the case have necessarily to be taken into account to determine whether 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 .....

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to ends of justice. No inflexible quidelines or rigid foumula can be set out and it depends upon the facts and circumstances of each case wherein such power should be exercised. When the allegations in the complaint prima facie constitute the offence against any or all of the respondents in the absence of materials on record 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 hav .....

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nce in drawing any inference either way. We are, therefore, of the view that the High Court has clearly erred in reaching the conclusion that the proceedings are liable to be quashed. In the light of the allegations made in the complaint and the materials produced in support of those allegations by the appellant before 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 a .....

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