SITARAM Vs. SHYAMADEVI

JUDGEMENT

(1.) THIS petition is filed by the applicant Sitaram under Section 482, Cr. PC praying for quashing all the proceedings in Criminal Case No. 230/2001, Shyamadevi v. Sitaram.

(2.) FACTS of the case are that respondent No. 1 Shyamadevi filed a complaint against the present applicant alleging that she is married wife of the applicant. Marriage between the applicant and the respondent was solemnised in the year 1948. Out of the wed-lock three issues were born out of which one son Ramprakash and a daughter Sarladevi is alive. She alleged that in spite of the fact that the complainant is alive the applicant married to one Shantidevi without obtaining any decree of divorce. The Court below register the offence under Section 494, IPC hence this petition is filed under Section 482, Cr. PC for quashing the charge.

(3.) COUNSEL for applicant submits that the case for committing offence under Section 494, IPC cannot be initiated against the applicant as per the allegations made in the complaint and the statements of the respondent, as the ingredients of Section 494, IPC are not made out and, therefore, the proceedings before the Court below should be quashed in exercise of powers under Section 482, Cr. PC. Counsel for applicant for this purpose relied on the judgments of the Apex Court in the cases of Dr. Sharda Prasad Sinha v. State of Bihar, AIR 1977 SC 1754, Ashok Chaturvedi and Ors. v. Shitul H. Chandani and Anr. , 1998 SCC (Criminal) 1704, Pappu alias Mohammad Zalil and Anr. v. State of Madhya Pradesh, 2001 Criminal Law Journal 875, M/s, Pepsi Foods Ltd. and Anr v. Special Judicial Magistrate and Ors. , 1997 AIR SCW 4084. In all these cases it has been held that criminal proceedings against a person can be quashed by the High Court in exercise of powers under Section 482, Cr. PC, if prima facie offence is not made out against the said person. The test laid down by the Supreme Court is when the allegations made against the accused prima facie does not constitute the offence then the prosecution should not continue in the interest of justice. In such cases the High Court can quash the proceedings in exercise of powers under Section 482, Cr. PC as continuing the said proceedings would amount to miscarriage of justice.