offence defined in the last preceding Section........" The
reference to Section 494 IPC in Section 495 IPC makes it
clear that Section 495 ... without the authorization under Section 155(2) or Section
156(3) of Criminal Penal Code, offences under Sections 494,
495 and 496 having been rendered
regard to offences under Sections 406 and 498-A , Indian Penal Code.
17. So far as offences under Sections 494, 495, 496 are concerned ... Section 198(1) reads as follows :
"(c) where the person aggrieved by an offence punishable under Section 494 or Section 495 of the Indian
construe the meanings of the words in Section 493 in the light of the provisions of Section 495 and vice versa.
Applying these principles ... guidance with himself. Section 493 , Criminal Procedure Code, is no violated. The whole object of Sections 493 and 495 is that no private party should
with regard to offences under Sections 406 and 498-A , IPC.
17. So far as offences under Sections 494, 495, 496 are concerned, the petitioners ... Section 198(1) read as follows :
"(c) Where the person aggrieved by an offence punishable under Section 494 or Section 495 of the Indian
usual residence. The wording of the section clearly indicates that even for the offence under section 495 of the Indian Penal Code the said facility ... offence under section 494 of the Indian Penal Code. If the offence under section 494 is not proved, then section 495 has no application
inasmuch, as the ingredients of Section 375 Fourthly IPC
and Section 493 IPC are akin to each other. Section 376
fourthly IPC fastens the liability ... 495 of IPC read with section 120B of IPC. Relevant provision of section
375 , 493 and 495 of IPC is reproduced for ready reference:-
Section
petitioners herein for offences punishable under Sections 417 , 418 , 494, 496, 385 , 387 read with Section 120B and Section ... offences punishable under Section 417 I.P.C. (cheating) and Section 495 I.P.C. (solemnization of marriage concealing the first marriage), petitioners
petitioners herein for offences punishable under sections 417 , 418 , 494, 496, 385 , 387 read with section 120B and section ... offences punishable under section 417 I.P.C. (cheating) and section 495 I.P.C. (solemnization of marriage concealing the first marriage), petitioners
Section is regarding imposition of maximum sentence. The Section, however, provides for imposition of sentence or fine or both.
10. Section 495 IPC provides punishment ... offence under Section 494 I.P.C. Therefore, offence punishable under Section 495 I.P.C. can be understood in reference to Section
2021 of Byadarahalli police
station registered for the offence punishable under Sections
495 , 380 , 406 , 420 read with section 34 of IPC on the file ... petitioners.
7. It is submitted that, since the offences alleged
under Sections 495 of IPC non-compoundable in nature.
Therefore, the complaint cannot withdraw
