Facts of the case
- The appellant-wife K. Neelavenigave a written report to the Inspector of Selaiyur Police Station, alleging that her marriage was performed with accused respondent No. 2 – S.K. Siva Kumar in which gold ornaments and various other household articles were given by her parents.
- She had further alleged that her husband used to abuse her and her family members under influence of alcohol and demanded Rs. 50,000/- from her parents.
- According to the First Information Report, when she was pregnant, on scan it was found that she was carrying a female fetus, her husband and his family members started harassing her and insisted for aborting the child. On her refusal to give consent for abortion according to the informant, her husband, mother-in-law, brother-in-law and sister-in-law assaulted her and had driven her out from the matrimonial home and the husband left her on way to her parents house. She gave birth to a girl child.
- Informant in the written report had further alleged that her husband had married another lady namely, Bharathi without her consent with the help and in the presence of other accused persons.
- She had further alleged that a female child was born to them in the wedlock.
- A case under Sections 406, 494 and 498A of the Indian Penal Code was registered against the accused persons.
- Accused persons namely respondent Nos. 2 to 13 filed petition before the High Court for quashing the charge sheet under Sections 406 and 494 of the Indian Penal Code,contending that in the absence of any material to show that āthe second marriage was duly performed with religious rites and essential ceremoniesā charge sheet under Section 494 of the Indian Penal Code is fit to be quashed.
- The High Court had quashed the charge sheet under Sections 406 and 494 of the Indian Penal Code.
- The counsel on behalf of the appellant submitted to the Supreme Court that the conclusion arrived at by the High Court that the charge sheet did not reveal the ingredients constituting the offences under Sections 494 and 406 of the Indian Penal Code is erroneous and there is an allegation of the second marriage and even birth to a child and hence it cannot be said that ingredients constituting offence under Section 494 of the Indian Penal Code do not exist and allegation in the First Information Report and the materials collected during the course of investigation clearly constitute offences under Sections 406 and 494 of the Indian Penal Code.
Judgment
The Honāble Apex Court stated that, āIn our opinion, the allegations made in the First Information Report, at this stage, have to be accepted as true, and allegations so made prima facie, constitute offences under Sections 406 and 494 of the Indian Penal Code.It has to be borne in mind that while considering the application for quashing of the charge sheet, the allegations made in the First Information Report and the materials collected during the course of the investigation are required to be considered. The High Court erred in holding that the charge sheet does not reveal the ingredients constituting the offences under Sections 494 and 406 of the Indian Penal Code.Quashing of Sections 406 and 494 of Indian Penal Code from the charge sheet even before the exercise of discretion by the Magistrate under Section 190 of the Code of Criminal Procedure is undesirable.ā
The appeal was allowed and the judgment of the High Court was set aside.
BY: ANKIT RAJPUT
Ā