Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure 1973 – s.482 – Penal Code 1860 – ss.494 495 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Criminal Procedure, 1973 – s.482 – Penal Code, 1860 – ss.494, 495 – Appellant-wife filed application u/s.482 for quashing the complaint filed by second respondent-husband u/ ss.494 and 495, IPC – Dismissed by Single Judge – On appeal, held: As between the appellant and the second respondent the issue as to whether she had a subsisting marriage on the date on which she entered into a marriage with him is the subject matter of a conclusive finding of the Principal Judge of the Family Court which has attained finality – Appellant and the second respondent were parties to the decision of the Family Court – No contentious material or disputed issues of evidence arise – Thus, allowing the criminal proceeding to proceed for an offence u/ss. 494 and 495, IPC would constitute an abuse of the process – Single Judge of the High Court was not justified in coming to the conclusion that the issue as to whether the appellant had a subsisting prior marriage was a ‘highly contentious matter’ which has to be tried on the basis of the evidence on the record – Impugned judgment set aside – Criminal Petition filed by the appellant for quashing the complaint is allowed – Complaint quashed – Family Courts Act, 1984 – s.7(1). Code of Criminal Procedure, 1973 – s.482 – Quashing – Types of materials High Court can assess – Distinction between consideration of materials tendered as evidence and appreciation of such evidence – Discussed. Code of Criminal Procedure, 1973 – s.482 – Family Courts Act, 1984 – s.7(1)– Held: Explanation (b) to s.7(1), 1984 Act confers the Family Court with jurisdiction to determine the matrimonial status of a person – s.7(1) grants a Family Court with the status of a District Court and s.7(2) confers it with jurisdiction exercisable by a Magistrate of the first class under Chapter IX of the CrPC, thus enabling to collect evidence to make such a determination – Thus, relying on the judgement of the Family Court which has jurisdiction to decide the gravamen of the offence alleged in the criminal complaint, would not be same as relying on evidentiary materials that are due for appreciation by the Trial Court, such as the investigation report before it is forwarded to the Magistrate. |
Judge | Hon'ble Dr. Justice D.Y. Chandrachud |
Neutral Citation | 2022 INSC 80 |
Petitioner | Musstt Rehana Begum |
Respondent | State Of Assam & Anr. |
SCR | [2022] 3 S.C.R. 962 |
Judgement Date | 2022-01-21 |
Case Number | 118 |
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