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6. The Sub-Inspector/S.H.0. of Police Station, Garhi filed reply on behalf of State" of Haryana (the 1st respondent herein) stating that on the written application of Beant Singh a case .under Sections 494, 495, 496, 498-A, 406, IPC and under Sections 3 and 4 of the Dowry Prohibition Act was registered that, since, on investigation, sufficient evidence was available, the accused were charge-sheeted under Sections 494, 495, 496, 406 and 498-A, IPC on 30.8.1996, and that the case is fixed for trial on 9.12.1996. He has further alleged that the petitioners have not been charge-sheeted under Sections 3 and 4 of the Dowry Prohibition Act and as such there was no need to obtain the sanction of the District Magistrate.

17. So far as offences under Sections 494, 495, 496 are concerned, the petitioners contend that the complainant had not even mentioned the name of the alleged second wife, and the date, time and place of second marriage as well, that there is also no allegation as to the manner in which the alleged second marriage was performed, and that except stating that the second marriage was performed in consultation with the present petitioners, their complicity in the alleged offences has not been mentioned. The learned Counsel for the petitioners also contends that it is only the alleged second wife who could be aggrieved by the alleged second marriage and so, only either the alleged second wife or her relations can file the complaint for the offences under Sections 494, 495, 496, IPC and not the first wife or her relations. The learned Counsel for the petitioners, therefore, contends that the complaint, insofar as the offences under Sections 494, 495 and 496, IPC are concerned, is not maintainable.

20. Chapter XX of the Indian Penal Code deals with the offences relating to marriage. Sections 494 to 496 are also found in the said chapter. Section 494 seeks to punish a husband or wife who marries during the life-time of the other spouse where the second marriage is void by reason of its taking place during the life-time of the husband or the wife as the case may be. Section 495, IPC seeks to punish a person who contracts subsequent marriage after having concealed the former marriage from the person with whom such subsequent marriage is contracted. Section 496, IPC seeks to punish a person who dishonestly or fraudulently goes through the ceremony of a marriage knowing fully that he is not thereby lawfully married.

21. Section 198(1) of the Cr.P.C. provides that no Court shall take cognizance of an offence punishable under Chapter XX of the IPC except upon a complaint made by some person aggrieved by the offence. Further, the proviso (c) to Section 198(1) read as follows :

"(c) Where the person aggrieved by an offence punishable under Section 494 or Section 495 of the Indian Penal Code (45 of 1860) is the wife, complaint may be made on her behalf by her father, mother, brother, sister, son or daughter or by her father's or mother's brother or sister, or with the leave of the Court, by any other person related to her by blood, marriage or adoption."