DEEPAK KUMAR Vs. MURARI LAL

JUDGEMENT

(1.) HEARD learned counsel for the applicant and the learned A.G.A. appearing for the State.

(2.) LIST has been revised. Counsel for the opposite party is absent.

(3.) THE learned counsel for the applicant has placed reliance on the case of Krishna Gopal Dwivedi v. Prabha Divedi, reported in 2004 SCC (Cri) 473, wherein it has been squarely held that if an accused contracts a second marriage after an ex parte decree of divorce, no complaint under Section 494 I PC is maintainable, even if that ex parte decree is set side and to quote the Hon'ble Judges of the Apex Court even thought the good days with the newly marriage wife did not last long as the first wife succeeded in getting the ex parte decree set aside. In view of this decision of the Apex Court, I have no option but to quash the criminal proceedings against the applicant in criminal case No. 726 of 1990 under Section 494 IPC pending in the Court of A.C.J.M. II, Gorakhpur. The application is allowed as above. Application allowed.