Ravinder Kaur Vs. Anil Kumar
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Head Note
Indian Penal Code,1860 - Section 493
The man concerned should have deceived the woman, to believe the existence of matrimonial ties with her - And based on the aforesaid belief, the man should have cohabited with her - Plea that cohabitation continued between the parties between 08.01.2024 till 23.06.1994, i.e., from the date when the respondent was granted an exparte decree of divorce, till the date when the respondent married to 'S' thus respondent deceived her in cohabitation under the belief that matrimonial ties existed - Held that with the setting aside of the exparte decree of divorce dated 08.01.2024 (on 19.02.2024), it cannot be accepted, that there was any break in the matrimonial relationship between the parties - Charge against the respondent is not made out, under Section 493 IPC, because the respondent could not have deceived the appellant of the existence of a "lawful marriage", when a lawful marriage indeed existed between the parties, during the period under reference.
The Code of Criminal Procedure, 1973 - Section 300
Discharge - Second Complaint - In first complaint for offence u/s 376 IPC respondent was discharged - Second complaint on the same facts and incident - Held that in view of explanation to Section 300 Cr.P.C. proceedings in the second complaint would not be barred, because no trial had been conducted against the respondent.
The Code of Criminal Procedure, 1973 - Section 320 , Indian Penal Code,1860 - Section 494
Compounding of Offence - Ex-parte decree of divorce dated 08.01.2024 was set aside on 19.02.2024 - On 23.06.2024 respondent remarried 'S'- Respondent in the meantime had fathered two children, from 'S' - Appellant had also re-married in the meantime, and that, she had also begotten one son out of her second marriage - In view of the consent expressed by the appellant to the Court through her counsel the compounding of complaint made by the appellant with reference to Section 494 of the IPC ordered - Respondent directed to pay a sum of Rs.5 lakhs, as compensation to the appellant.
Topic(s)-Discharge - Second Complaint - Maintainable