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TMI Blog2019 (12) TMI 1319X X X X Extracts X X X X X X X X Extracts X X X X ..... t passed in exercise of the inherent power conferred by Section 482 of the Code of Criminal Procedure, quashing a criminal complaint filed by her against her husband (the second respondent herein) and the first respondent for the alleged commission of the offences punishable under Sections 493, 494, 120B and 506(II) IPC, the appellant, who is the legally wedded wife of the second respondent, has come up with the above appeal. 3. The appellant filed a complaint under Section 200 Cr.P.C. on the file of the V Metropolitan Magistrate Egmore, Chennai in CC No.785 of 2012 alleging that the respondents were guilty of committing offences punishable under Sections 493, 494, 120B and 506(II) IPC. 4. The sum and substance of the comp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... respondent. In so far as the offence punishable under Section 493 IPC is concerned, the contention of the first respondent in her quash petition was that the appellant had no locus standi to complain and that if at all, it was she, who was entitled to invoke Section 493 IPC. In so far as the offence of criminal intimidation punishable under Section 506 Part II is concerned, it was the contention of the first respondent that as a senior officer working in a company, she gave adverse reports against the sons of the appellant who were working in the same company which led the management to take action against them and that, therefore, she cannot be prosecuted for carrying out her lawful duties as a senior officer of the company. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... inst her husband and the lady whom he had taken as a second wife. 8. In response, it was contended by the learned counsel for the first respondent that none of the ingredients of the offence punishable under Sections 493 and 494 were made out and that in the light of Section 17 of the Hindu Marriage Act, 1955, an offence of bigamy will be made out only if a marriage has actually taken place. In so far as the allegations related to the other offences are concerned, it was contended by the learned counsel for the first respondent that they were only incidental to the main complaint and that they cannot stand independently. 9. It is too late in the day to seek reference to any authority for the proposition that while invoki ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... herself as the wife of the second respondent. 12. Unfortunately, the High Court put the cart before the horse and held that the appellant had not produced any evidence to prove the entry in the Government Gazette though it is a relevant fact under Section 35 of the Indian Evidence Act. Much before the case could reach the stage of trial, the High Court shut the door for the appellant and preconcluded the issue as though there was no evidence at all. This is completely contrary to law. 13. A look at the complaint filed by the appellant would show that the appellant had incorporated the ingredients necessary for prosecuting the respondents for the offences alleged. The question whether the appellant will be able to prove t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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