Readiness and Willingness Under Section 16(c) Is Not a Ritualistic Phrase — Plaintiff Must Prove It With Substance, Not Just Words: Karnataka High Court FIR in Disproportionate Assets Case Quashed: Patna High Court Slams SP for 'Non-Application of Mind' and 'Absence of Credible Source Information' Ownership of Vehicle Linked to Commercial Quantity of Heroin – Custodial Interrogation Necessary: Punjab & Haryana High Court Denies Anticipatory Bail under Section 482 BNSS Death Caused by Rash Driving Is Not a Private Dispute — No FIR Quashing on Basis of Compromise in Section 106 BNS Cases: Punjab & Haryana High Court No Bank Can Override Court Orders: Rajasthan High Court Slams Axis Bank for Unauthorized Withdrawal from Court-Ordered FD" Indian Courts Cannot Invalidate Foreign Arbitral Awards Passed Under Foreign Law: Madhya Pradesh High Court Enforces Texas-Based Award Despite Commercial Court’s Contrary Decree Sudden Quarrel over Mound of Earth — Not Murder but Culpable Homicide: Allahabad High Court Calling Wife by Her Caste Name in Public Just Before Suicide is Immediate Cause of Self-Immolation: Madras High Court Upholds Husband’s Conviction Under Section 306 IPC No Work No Pay Is Not a Universal Rule: Punjab & Haryana High Court Dock Identification Without Prior TIP Is Absolutely Useless: P&H High Court Upholds Acquittal in Attempt to Murder Case Filing Forged Court Pleadings in Union Government’s Name is Criminal Contempt: Karnataka High Court Sentences Litigant to Jail Execution of Will Proved, But Probate Justly Denied Due to Concealment of Property Sale: Delhi High Court Mere Designation Doesn’t Establish Criminal Liability: Bombay High Court Quashes Proceedings Against ICICI Officials in Octroi Evasion Case Fraud on Power Voids the Order: Supreme Court Quashes FIR Against Karnataka BJP Leader R. Ashoka, Slams Politically Motivated Prosecution Cause of Fire Is Immaterial If Fire Itself Is Insured Peril: Supreme Court Rebukes Insurer’s Repudiation Dragging a Trained Army Officer Up 20 Steps Without Resistance? The Story Lacks Credence: Supreme Court Upholds Acquittal in Army Officer’s Murder Semen Stains Alone Do Not Prove Rape: Supreme Court Acquits Doctor Accused of Rape No Mortgage, No SARFAESI: Supreme Court Rules Against NEDFi, Says Recovery Action in Nagaland Without Security Agreement Was Illegal Parity Cannot Be Denied by Geography: Supreme Court Holds Jharkhand Bound by Patna HC's Judgment, Orders Pay Revision for Industries Officer Once Power Flows Continuously from a Synchronized Turbine, It Is No Longer Infirm: Supreme Court Orders TANGEDCO to Pay Fixed Charges to Penna Electricity

No Prima Facie Offence Under Section 494 IPC As Allegation Of Second Marriage Lacks Corroborative Material – Allahabad High Court Quashes Summoning Order

07 May 2024 8:19 AM

By: Admin


The Allahabad High Court today quashed the summoning order against Nisha under Section 494 of the Indian Penal Code (IPC) concerning charges of bigamy, citing a lack of evidence on the solemnization of a valid second marriage. The decision, rendered by Hon’ble Dr. Gautam Chowdhary, J., in the case of Shubham Sharma vs. Nisha, stressed the necessity of proper ceremonial conduct to establish the legality of a marriage under Hindu rites, which was not satisfied in this instance.

The court highlighted that for an offence under Section 494 IPC to stand, the second marriage must be proven to have been solemnized validly during the subsistence of the first marriage. The court noted, “The ‘Saptapadi’ ceremony under the Hindu Law is one of the essential ingredients to constitute a valid marriage but the said evidence is lacking in the present case.”

The revisionist, Nisha, was accused of entering a second marriage without dissolving her first marriage with Vijay Singh legally. However, it was contended that Nisha had already obtained a divorce decree before the alleged second marriage. The main issue arose around the authenticity and legality of the second marriage, which according to the complaints, lacked the necessary Hindu rites, particularly the ‘Saptapadi’ or the taking of seven steps, which is crucial for a marriage to be recognized under Hindu customs.

Validity of Marriage Ceremonies: The court observed that there was no substantial evidence to indicate that the second marriage was conducted following Hindu rituals that would make it valid under the law.

Absence of ‘Saptapadi’ Ceremony: Justice Chowdhary noted, “Unless the marriage is celebrated or performed with proper ceremonies and due form, it cannot be said to be ‘solemnized’.”

Quashing of Proceedings: Referencing several apex court precedents, the judgment emphasized the importance of not allowing the court’s process to be used for oblique purposes. The court found that the criminal proceedings initiated under Section 494 IPC were based on untenable complaints and lacked the prima facie merit required for continuation.

Decision of Judgement The court consequently quashed the summoning order concerning the offence under Section 494 IPC but allowed the criminal proceedings related to other charges under Sections 504 and 506 IPC to continue. This decision underscores the court’s approach in scrutinizing the fundamental elements of the alleged offences before allowing the prosecution to proceed.

Date of Decision : 25th April 2024

Shubham Sharma vs. Nisha

Latest Legal News