Indian Penal Code, 1860
Section 494 read with Section 109—Bigamy—Abetment—Application to quash summoning order—If the marriage not a valid marriage, according to the law applicable to the parties, it is not a marriage in the eyes of law—To constitute an offence under Section 494 IPC, it is necessary that second marriage should have been celebrated with proper ceremonies and in due form—’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—Even there is no averment with regard to ‘Saptapadi’ in the complaint as well as in the statements under Section 200 and 202 of CrPC—No prima facie offence is made out against applicants as the allegation of second marriage is a bald allegation without corroborative materials—Alleged 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—Where marriage is disputed, it is not enough to find that marriage took place leaving it to be presumed that rites and ceremonies necessary to constitute a legal marriage were performed—In absence of cogent evidence in this regard, it is difficult to hold that ‘Saptapadi’ ceremony of marriage as contended by complainant was performed so as to constitute a valid marriage between the parties concerned—Basic ingredients to constitute an offence under Section 494 read with Section 109 of IPC are lacking, hence no offence is made out against applicants—Proceedings against applicants are quashed—Application allowed. [Criminal Procedure Code, 1973, Section 482]
[Paras 11 & 13]