498a and bigamy

Querist : Anonymous (Querist) 07 June 2022 This query is : Resolved
I have lodge a complaint in P.S. against my husband for remaining another women four years after saperation.
Police register 494, 406, 498 case against my husband.
My husband file divorce case & he got divorce.Now he want to quash charge sheet. Can high court quash charge sheet ?

I wa

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A woman filed a complaint against her husband for bigamy and cruelty after separating, leading to charges under sections 494, 406, and 498A of the IPC. Although the husband subsequently obtained a divorce, he is now seeking to quash the charge sheet. The High Court's decision will likely depend on whether the divorce decree was granted after the FIR was registered. Simply living with another woman does not automatically constitute bigamy, and the specific circumstances and context of the charges are crucial.

Dr J C Vashista (Expert) 08 June 2022
Yes, the High Court shall have to consider the fact that divorce between husband and wife has already been decreed for divorce and quash the FIR.

Advocate Bhartesh goyal (Expert) 08 June 2022
If divorce was granted after the registration of your complaint/FIR u/sec 494,406and 498 IPC then no question arise to quash complaint/FIR else H.C will accept quash petition.

P. Venu (Expert) 08 June 2022
Just 'remaining' with another woman does not constitute bigamy.

Pradipta Nath (Expert) 09 June 2022
What are the facts? In which context section 494, 406 and 498A were leveled? Decree of divorce may not by default make the criminal charges go off.

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