(1.) O. P. Jain, J. A case under Section 494 read with Section 114, I. P. C. has been registered against the applicants and one Rishimuni on the allegation that Rishimuni has married applicant No. 4 Smt. Khanjanti, on 5th July, 1987 during the life-time of his first wife, Smt. Sobhawati, opposite party No. 1. It is alleged that applicant Nos. 1, 2 and 3 actively assisted in the alleged second marriage of Rishimuni.
(2.) THIS application, under Section 482, Cr. P. C. , has been filed to quash the charges under Sections 494 and 114, I. P. C. framed against the applicants The grounds mentioned by the applicants are that the complainant had failed to establish that all the ceremonies of a valid marriage were performed. The learned counsel for the applicants has cited the cases Ram Pyari Devi v. Ramanand, 1984 ACC 260 and Smt. Muftd v. Smt. Noorjahan, Allahabad Criminal Cases (Summary of Cases No. 90 ). It has been held in the above cases that for prosecution under Section 494, I. P. C. performance of both marriages must be proved.
(3.) THE witness has further stated that the village Gadtholia, where the second marriage took place, is only one kilo metre. This witness was cross-examined but nothing has been elicited which may, prima facie, cast doubt on his evidence.