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Krishna Gopal Divedi vs Prabha Divedi on 23 February, 2001

4) Denying the charges in the FIR, learned counsel for petitioners would submit that the complainant had suppressed the material facts and gave a false report to implicate the accused. He would submit that in fact A1 obtained divorce against the defacto complainant in FCOP No.1135 of 2010 on 06.11.2010 from Family Court, Hyderabad and lawfully married second time and accused 2 to 5 have nothing to do with the said marriage and the defacto complainant has full knowledge about passing of divorce decree and the said decree is still in force as the complainant has not filed any appeal and obtained stay of said decree and in view of these facts, the present complaint for the offence under Section 494 IPC is not maintainable and its continuation will amount to abuse of process of law. On this aspect he relied upon the decision of the Apex Court reported in Krishna Gopal Divedi vs. Prabha Divedi .
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