Madhya Pradesh High Court
Vikram Sharma vs Reshma Juneja (Sharma) on 10 March, 2022
Author: Vivek Rusia
Bench: Vivek Rusia
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THE HIGH COURT OF MADHYA PRADESH: BENCH AT INDORE
BEFORE SINGLE BENCH: HON'BLE MR. JUSTICE VIVEK RUSIA
M.Cr.C. No.1772/2022
Applicant - Vikram Sharma S/o S.K. Sharma
Age - 55 years, Occupation - Advocacy
R/o E-2/66, Rani Mension, Arera Colony,
District - Bhopal (M.P.)
versus
Respondent - Reshma Juneja (Sharma)
W/o Vikram Sharma, Age - 49 years,
Occupation - Service,
R/o A-602, Kalyan Sampat Gardens,
Bicholi Mardana, Indore (M.P.)
Indore, dated 10.03.2022
Shri Abhishek Gupta, learned counsel for the applicant.
Heard.
ORDER
The present application is filed under Section 482 of the Code of Criminal Procedure, 1973 against the order dated 06.12.2021 passed by the XIV Additional Sessions Judge, Indore in Criminal Revision No.56/2020, whereby the order dated 25.11.2019 passed in Criminal Case No.5736/2018 has partially been modified with a direction to take cognizance under Sections 417 and 495 of the Indian Penal Code.
The respondent has filed a complaint case under Section 200 of the Code of Criminal Procedure against the applicant alleging that the applicant has performed marriage with her by concealing his earlier marriage with Mrs. Bharti Sharma. Accordingly to her on 13.02.2018, she suddenly reached Bhopal and found that this applicant/accused is already married to Bharti Sharma, hence, lodged a complaint to the police station under Sections 452 and 327 of the IPC. Charge-sheet was filed and a -2- compromise arrived between the parties. Another F.I.R. against the applicant under Sections 498-A, 323 and 506 of the IPC was lodged at Crime No.57/2018. At the time of registration of F.I.R., she came to know that the offence under Section 417 of the IPC is also added in the FIR. Accordingly, she filed a complaint before the trial Court. Learned trial Court took cognizance against the applicant. Being aggrieved by the aforesaid, the applicant has preferred a revision in which order in respect of the charge under Section 498-A of the IPC has been modified to 494 and 495.
Learned counsel for the applicant submits that Section 495 of the IPC is made out only when the applicant has concealed the fact about former marriage. In para 2 of the complaint it is pleaded, the applicant has already disclosed to her that he is a divorcee and has one son from an earlier wife, therefore, there is no concealment of his former marriage, offence under Sections 494 and 495 of the IPC cannot be said to have been made out.
I have heard the learned counsel for the parties and perused the record.
For the ready reference Sections 494 and 495 of the IPC are reproduced below:-
"494. Marrying again during lifetime of husband or wife.--Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
(Exception) --This section does not extend to any person whose marriage with such husband or wife has been declared void by a Court of competent jurisdiction, nor to any person who contracts a marriage during the life of a former husband or wife, if such husband or wife, at the time of the subsequent marriage, shall have been continually absent from such person for the space of seven years, and shall not have been heard of by such person as -3- being alive within that time provided the person contracting such subsequent marriage shall, before such marriage takes place, inform the person with whom such marriage is contracted of the real state of facts so far as the same are within his or her knowledge.
495. Same offence with concealment of former marriage from person with whom subsequent marriage is contracted.--Whoever commits the offence defined in the last preceding section having concealed from the person with whom the subsequent marriage is contracted, the fact of the former marriage, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine."
Section 494 says that whoever, having a husband or wife living, marriage in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment which may extend up to seven years. This section does not extend to any person whose marriage with such husband or wife has been declared void by a Court of competent jurisdiction.
Section 495 says that same offence under Section 494, whoever commits having concealed from the person with whom subsequent marriage is contracted, the fact of former marriage shall be punishable with imprisonment of either description for a term which may extend to ten years, shall also liable to fine.
The applicant has disclosed that he is a divorcee, therefore, he has declared about his former marriage, he cannot come out from the rigour of section 495 of the I.P.C. be said that offence has been committed.
The conjoint reading of Sections 494 and 495 of the IPC, reveals that the former marriage must be a survival marriage/living marriage. The word 'living husband/ wife' is used in section 494 I.P.C. it means the earlier marriage must be -4- surviving. The applicant is not disputing that the divorce has taken place from any Court of law with his first wife before marring the Non-applicant / the complainant . If marriage is dissolved from any Court of law then only the husband and wife, as the case may be, are entitled to perform the second marriage. Otherwise, is an offence under Section 494 and 495. The concealment of first marriage by disclosing that the applicant is a divorcee, which is factually incorrect cannot be said that he has disclosed about the former marriage to the complainant. I do not find any reason to entertain this petition.
In view of the above no case is made out for interference with the impugned order, hence the present M.Cr.C. stands dismissed.
(VIVEK RUSIA) JUDGE Ravi Digitally signed by PRAVEEN NAYAK Date: 2022.03.15 18:09:23 +05'30'