K. NEELAVENI Vs. STATE, REP. BY INSP. OF POLICE AND OTHERS
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Head Note
Indian Penal Code,1860 - Section 406 , Section 494 , Section 498-A , The Code of Criminal Procedure, 1973 - Section 190
Practice & Procedure - Quashing of proceeding - Cruelty - Bigamy - Case u/ss. 406, 494 and 498A of IPC registered against the accused persons - Petition before HC for quashing the charge sheet u/ss. 406 and 494 of IPC - HC quashed the charge sheet - For quashing of the charge sheet, the allegations made in the FIR and the materials of the investigation required to be considered - Essential ceremonies of the marriage were gone into or not is a matter of trial - HC erred in holding that the charge sheet does not reveal the ingredients constituting the offences u/ss. 494 and 406 of the IPC - Quashing of sections 406 and 494 of IPC before exercise of discretion by the Magistrate u/s. 190 of the Cr.P.C. - Undesirable - Order not sustainable - Set aside
Topic(s)-Practice & Procedure , Quashing of Proceeding , Cruelty , Bigamy
Important Decision(s)- For quashing of the charge sheet, the allegations made in the FIR and the materials of the investigation required to be considered.