LAWS(MAD)-2009-8-241

GNANAMBAL Vs. SHRIPRIYA

Decided On August 28, 2009
GNANAMBAL Appellant
V/S
SHRIPRIYA Respondents

JUDGEMENT

(1.) THE petitioners/Accused 3 to 8 has filed the above Criminal Original Petition to call for the records in C.C.No. 85 of 2007 pending on the file of the learned Judicial Magistrate, Paramathy, Namakkal District and quash the same.

(2.) THE respondent/complainant has filed the criminal complaint against 8 accused persons for an alleged offence under Sections 494, 494 r/w 109 of IPC.

(3.) AT this stage, the petitioners/accused 3 to 8 have filed this quash petition on the below mentioned grounds. They have contended that, (1) The petitioners are in no way connected with the performance of 2nd marriage. (2) Just because the petitioners participated in the marriage cannot make them to be automatically accused persons.(3) Even if Bigamy has been committed, the offence can only be made out as against the 1st accused, as they have not abetted the 1st accused in the said 'marriage'. (4) Further, there has been no proof showing that they were instrumental in the performance of the said 2nd marriage and their blessings alone would not amount to abetment of Bigamy. And hence, the petitioners contend the complainant, the above points, has to be quashed.