YOGESHWAR PRASAD JOSHI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) HEARD Learned Counsel for the parties and perused the affidavit and counter affidavit filed on behalf of the parties.

(2.) BY means of this petition, moved under Section 482 of Code of Criminal procedure, 1973, the Petitioner has sought quashing of the proceedings of criminal case No. 529 of 2009, state v. Yogeshwar Prasad Joshi and another, relating to offences punishable under Section 494, 506 I.P.C., pending before Judicial Magistrate, Rudrapur, District Udham Singh Nagar. 2

(3.) PERUSAL of the papers on record shows that marriage between complainant Ganga Joshi (respondent No. 2) and the Petitioner Yogeshwar Prasad Joshi is an undisputed fact. The dispute raised by the Petitioner is that he did not get married to any other woman and particulars of such marriage are not given. However, on perusal of the first information report and the statement of complainant recorded under Section 161 of Code of Criminal Procedure., it is clear that it is alleged by the complainant (Ganga Joshi) that her husband Yogeshwar Prasad Joshi (present Petitioner) got married to Deepa Mishra, daughter of Prayag Dutt Mishra, Resident of Pargaliya Mehragaon, District Almora, without her consent. Having gone through said fact, this Court does not find any sufficient reason to quash the criminal proceedings challenged before this Court. As to the date of second marriage, it is sufficient to mention here that since the second marriage is not said to have been solemnized with fan and fare, it could not be said that the first wife 3 (complainant) had the knowledge of said date. It is open for the Petitioner to show before the trial court, after prosecution evidence is over that he did not get married to any other woman.