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by Admin
07 May 2024 2:49 AM
In a significant ruling, the High Court of Karnataka has quashed proceedings against the family members of an individual accused of bigamy under Sections 420 and 494 of the Indian Penal Code (IPC).
The judgement focused on the application of Section 494 IPC, which deals with marrying again during the lifetime of husband or wife. The court emphasized that this section is applicable only to the individuals who enter into a bigamous marriage and not to those who merely participate in the wedding ceremony.
The case, Criminal Petition No. 7517 of 2017, involved the petitioners (family members of the accused) who were implicated in the second marriage ceremony of the accused. The respondent, Smt. Bharathi, alleged that the petitioners were aware of the ongoing first marriage and still participated in the second marriage ceremony, thereby committing an offence under Sections 420 and 494 IPC.
Justice Suraj Govindaraj, in his detailed assessment, clarified that Section 494 IPC pertains solely to the marrying individuals and does not extend to family members who attend the ceremony. The judge observed, "The said provision does not even contemplate the person to whom the husband or wife has married to be prosecuted under Section 494 of IPC. Let alone the father, mother, and sister who had participated in or attended the wedding." The absence of allegations indicating the petitioners' awareness or intention to facilitate an offence under Section 494 IPC was a crucial point in the judgement.
The court allowed the petition and quashed the proceedings in C.C.No.1115/2016 against the petitioners, who were accused Nos. 4 to 6 in the case. The judge ruled that in the absence of substantial grounds for their implication under Section 494 IPC, the proceedings against them could not be sustained.
Date of Decision: 13 March 2024.
Thimmappa and Others vs Smt. Bharathi
