PADMANABHAM MAMIDI Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This Criminal Petition is filed to quash the proceedings against the petitioner/Accused No.2 in C.C.No.986 of 2021 on the file of VII Additional Metropolitan Magistrate at Hayathnagar for the offences under Ss. 420 and 494 r/w 34 of IPC.

(2.) The petitioner is added as A2 in the charge sheet filed for the offences under Ss. 420, 494 r/w 34 of IPC. The 2nd respondent is the husband of A1. He filed a complaint stating that he married A1-Sangeeta Agarwal on 14/9/1999. Thereafter, in the year 2009, she left him and started living on her own. There are several cases including divorce application, which are pending before the Courts. The divorce application filed by A1 vide FCOP No.501 of 2013, the Family Court granted divorce. However, in appeal vide FCA No.357 of 2017, the said divorce decree granted by the Family Court was suspended and appeal is pending. However, the 2nd respondent came to know that his wife A1 and this petitioner, who is A2, married on 28/3/2018 at Chikkadpally and the same was registered on 4/1/2019 before the SRO, Chikkadpally. On the basis of the said complaint, the police enquired into the case and filed charge sheet for the reason of this petitioner marrying A1, though her marriage was subsisting with the 2nd respondent.

(3.) Learned counsel appearing for the petitioner would submit that Sec. 494 of IPC would be attracted only to a person who marries again during lifetime of husband or wife. The said provision is not attracted to this petitioner since he was not married on the date of marriage with A1. Further, cognizance can only be taken on the private complaint filed under Sec. 2(d) of Cr.P.C since there is a bar under Sec. 198 of Cr.P.C. Other grounds are also raised by the learned counsel for the petitioner. Learned counsel relied on the judgment of Hon'ble Supreme Court in the case of Rekha Jain v. The State of Karnataka 2022 LiveLaw (SC) 468 and also Babu Tayappa Appugol v. Shanta 1985 SCC OnLine Kar 232. In the circumstances, prayed to quash the proceedings against the petitioner.