Bigamy Case Quashed – Lack of Evidence and Malicious Prosecution: Allahabad High Court
In a significant legal development, the Allahabad High Court has quashed a case involving allegations of bigamy, stating that there was a “lack of evidence to establish a valid second marriage” and that the case amounted to “malicious prosecution.” The judgment, delivered by Hon’ble Sanjay Kumar Singh, J., sheds light on the importance of protecting innocent individuals from frivolous legal proceedings.
The case in question, Smriti Singh Alias Mausami Singh and 3 Others vs. State of U.P. and Another, revolved around allegations of a second marriage by Smriti Singh, also known as Mausami Singh, while her first marriage was still subsisting. The complainant, Satyam Singh, accused Smriti Singh of bigamy under Section 494 of the Indian Penal Code.
The High Court’s observation highlighted the need for concrete evidence in cases of alleged bigamy, emphasizing that the mere allegation was not enough to establish a valid case. The judgment noted, “So far as the alleged photograph is concerned, this Court is of the view that photograph is not sufficient to prove the factum of marriage, especially when the same are not proved on record in accordance with the Evidence Act.”
Additionally, the Court invoked its inherent power under Section 482 of the Criminal Procedure Code (Cr.P.C.) to quash the summoning order and proceedings, asserting that the case amounted to malicious prosecution. The judgment stated, “Impugned summoning order dated 21.04.2022 of this case is not sustainable. This Court under the facts and circumstances of this case feels that it is the solemn duty of the Court to protect apparently an innocent person, not to be subjected to such frivolous prosecution on the basis of wholly untenable allegations and complaint.”
This decision by the Allahabad High Court underscores the importance of preventing the abuse of legal proceedings and protecting individuals from undue harassment. It also serves as a reminder of the need for substantial evidence in criminal cases, particularly those involving serious allegations like bigamy.
Legal experts have lauded the judgment as a significant step towards ensuring that the legal system serves justice and does not become a tool for settling personal vendettas. The case serves as a precedent for courts to exercise their inherent powers in favor of innocent individuals facing baseless allegations.
Date of Decision: 19 September 2023
Smriti Singh Alias Mausami Singh And 3 Others vs State of U.P. and Another
