MAYABEN MAGANBHAI RABARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this application, under Sec. 482 of the Cr.P.C, the applicants - original accused Nos. 7 to 10, seek to invoke inherent powers of this Court praying for quashment of proceeding of private complaint filed by respondent no. 2 bearing Criminal Case No. 3397 of 2015, for the offence punishable under Sec. 494 of the IPC.

(2.) Facts and circumstances giving rise to file the present application are that, the respondent no.2 married to accused no.1 Popatbhai @ Kesharbhai Desai. According to say of the respondent no.2, during the subsistence of her marriage, the accused no. 1 contracted a second marriage with accused no. 7 Mayaben and same was performed on 8/9/2015. She came to know about the second marriage through one Kamlesh Ranabhai, who was present at the time of second marriage ceremony and according to the input given by the witness Kamleshbhai, the accused have facilitated the solemnization of second marriage and were present at the time of marriage. The accused no. 7 is the person with whom the second marriage was performed, whereas, the accused nos. 8, 9 and 10 are the father, mother and brother of the second wife accused no. 7. It is alleged that, the accused have abetted the offence of bigamy.

(3.) The respondent no. 2 Kamlaben Desai, filed a private complaint under Sec. 494 of the IPC against in all 10 persons including the husband and his family members, which came to be registered as Inquiry No. 105 of 2015. The Court of Additional Judicial Magistrate, Patan, vide order dtd. 8/12/2015, arrived at the conclusion that, there are sufficient grounds or proceedings against the accused and accordingly, after taking cognizance of the offence, issued process under Sec. 494 and 114 of IPC.