Supreme Court Digest of Recent Cases
(2006) 6 SCC 536

Criminal Procedure Code, 1973

— Ss. 198(1) proviso (c) and 482 — Complaint against husband for offence of bigamy filed by father of subsequent wife allegedly on her behalf but against her express desire stated in her sworn written statement — She was a major when she married of her own free will and that she was living happily and peacefully thereafter — Initiation of prosecution in such circumstances, held, was improper — Magistrate was not justified in taking cognizance of the said offence — Since husband and his wife staying together happily, further prosecution would only harass the accused — Hence, proceedings quashed, (2006) 6 SCC 536



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