Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1860 - ss. 493 and 494 Penal Code |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Penal Code, 1860 — ss. 493 and 494 — Complaint by wife against her husband u/ss. 493, 494, 495, 496, 420, 506 rw. s/ 120B IPC —- Alleging that the husband deceitfully co-habited with her even after obtaining ex-parte decree of divorce against her — Complaint not entertained by courts below — Appeal limited to the allegation u/ss. 493 and 494 alone — Held: In view of the fact that the ex-parte decree was subsequently set aside, the matrimonial ties would be deemed to subsist during the alleged period — Hence, the charge u/s. 493 not made out and The offence u/s. 494 is compounded in terms of s. 320 Cr.P.C — The husband is directed to pay a sum of Rs. 5 lakhs as compensation to the wife — Code of Criminal Procedure, 1973 — s. 320. Code of Criminal Procedure, 1973 -— s. 300 Explanation ~ Complaint u/s. 376 IPC -— Accused discharged and the order attained finality - Subsequent complaint u/ss. 493, 494, 495, 496, 506 r/w. s. 120B IPC on the same set of facts — Maintainability of — Held: In view of Explanation to s. 300, second proceedings would not be barred because no trial was conducted in previous proceedings and discharge of the accused therein cannot be construed as acquittal. |
Judge | Honble Mr. Justice Jagdish Singh Khehar |
Neutral Citation | 2015 INSC 301 |
Petitioner | Ravinder Kaur |
Respondent | Anil Kumar |
SCR | [2015] 4 S.C.R. 551 |
Judgement Date | 2015-04-09 |
Case Number | 457 |
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