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Supreme Court of India 2024-04-26 allowed

ANIRUDDHA KHANWALKAR vs SHARMILA DAS & OTHERS

Bench: 2 — C.T. Ravikumar, Rajesh Bindal

In Brief

A man married a woman after being shown what appeared to be a divorce decree proving her prior marriage had ended. Later, the woman admitted she had not actually obtained a divorce from her first husband—the document was forged. The man filed a criminal complaint alleging cheating and conspiracy. Lower courts summoned the woman and her relatives for trial under cheating and conspiracy laws. The Sessions Court and High Court quashed these summons, finding insufficient evidence. The Supreme Court allowed the man's appeal, holding that the evidence established a prima facie case of cheating at the summoning stage. The Court reinstated the summons, clarifying that such preliminary decisions need only show probable cause, not final proof of guilt.

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Criminal Procedure Bigamy Cheating Criminal Conspiracy Matrimonial Law Summoning Evidence Family Law

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