The High Court dismissed a writ petition seeking to quash an FIR alleging bigamy under IPC Sections 363 and 366. The court held that since the second marriage was impermissible as the first marriage remained subsisting, the allegations prima facie disclosed a cognizable offence.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 4554 of 2022
Petitioner :- Kasish Singh And Another Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Darwari Lal Counsel for Respondent :- G.A.,Nitin Chandravanshi
Hon'ble Ashwani Kumar Mishra,J. Hon'ble Rajnish Kumar,J.
This writ petition has been filed with the prayer to quash impugned First Information Report registered as Case Crime No.0122 of 2022 under sections 363, 366 IPC, Police Station Subhash Nagar, District Bareilly.
As per the admitted assertions made in the writ petition the second petitioner is already married and has contracted second marriage with first petitioner. Contention is that having contracted such marriage two adults are living together, out of their own freewill and since second wife has no objection as such the lodgement of FIR is an abuse of process of law.
Petition is opposed by counsel for the informant, who states that the victim i.e. first petitioner is minor and her age is less than 15 years. It is also stated that her date of birth is 01.07.2007 whereas petitioners allege that date of birth of first petitioner is 22.03.2003.
Notwithstanding the issue raised with regard to age of first petitioner we find that since the second petitioner is already married and the first marriage has not been dissolved the second marriage would be impermissible in law. Since the allegation made in the FIR prima facie discloses commissioning of cognizable offence under sections 363, 366 IPC, we decline the prayer to quash the FIR. Issue with regard to determination of age of the first petitioner etc. is also an aspect which requires examination at the stage of investigation.
Writ petition is, accordingly, dismissed.
Order Date :- 26.4.2022 Ashok Kr.
Digitally signed by ASHOK KUMAR Date: 2022.04.27 16:36:22 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the First Information Report under sections 363, 366 IPC disclosing bigamy should be quashed.
Whether the impossibility of a second marriage due to an existing first marriage precludes quashing of proceedings.
Kasish Singh
State of U P
Ashwani Kumar Mishra
Rajnish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
