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Supreme Court of India 2019-12-02 allowed

M. Jayanthi vs K.R. Meenakshi & Anr

Bench: 3 — <UNKNOWN>

In Brief

A wife filed a criminal complaint alleging her husband contracted a second marriage in 2008 and performed a religious ceremony in 2011, along with allegations of criminal conspiracy and intimidation. The trial court issued process, but the High Court quashed the complaint under Section 482 CrPC, finding insufficient evidence of the second marriage. The Supreme Court allowed the appeal, holding that at the cognizance stage, the Court should only check whether the complaint alleges the ingredients of the offences, not whether evidence is sufficient. The Court reversed the High Court's order, directing the trial court to proceed on merits without prejudgment.

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Criminal Procedure Bigamy Family Law Inherent Powers Cognizance Quashing of Complaints

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