Telangana High Court
Padmanabham Mamidi vs The State Of Telangana And Another on 14 March, 2023
Bench: K.Surender
HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
*****
Criminal Petition No.11197 OF 2022
Between:
Padmanabham Mamidi. ... Petitioner
And
The State of Telangana,
Rep. through Public Prosecutor,
High Court for the State of Telangana,
Hyderabad and another ... Respondents
DATE OF JUDGMENT PRONOUNCED: 14.03.2023
Submitted for approval.
THE HON'BLE SRI JUSTICE K.SURENDER
1 Whether Reporters of Local
newspapers may be allowed to see Yes/No
the Judgments?
2 Whether the copies of judgment
may be marked to Law Yes/No
Reporters/Journals
3 Whether Their Ladyship/Lordship
wish to see the fair copy of the Yes/No
Judgment?
__________________
K.SURENDER, J
2
* THE HON'BLE SRI JUSTICE K. SURENDER
+ CRL.P. No. 11197 of 2022
% Dated 14.03.2023
# Padmanabham Mamidi ... Petitioner
And
$ The State of Telangana,
Rep. through Public Prosecutor,
High Court for the State of Telangana,
Hyderabad and another ... Respondents
! Counsel for the Petitioners: Sri Tekuru Swetcha
^ Counsel for the Respondents: Sri S.Sudershan
Additional Public Prosecutor for R1
Sri Shaik Mastanvali for R2
>HEAD NOTE:
? Cases referred
1
2022 LiveLaw (SC) 468
2 1985 SCC OnLine Kar 232
3
HON'BLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION No.11197 OF 2022
ORDER:
1. This Criminal Petition is filed to quash the proceedings
against the petitioner/Accused No.2 in C.C.No.986 of 2021 on
the file of VII Additional Metropolitan Magistrate at
Hayathnagar for the offences under Sections 420 and 494 r/w
34 of IPC.
2. The petitioner is added as A2 in the charge sheet filed for
the offences under Sections 420, 494 r/w 34 of IPC. The 2nd
respondent is the husband of A1. He filed a complaint stating
that he married A1-Sangeeta Agarwal on 14.09.1999.
Thereafter, in the year 2009, she left him and started living on
her own. There are several cases including divorce application,
which are pending before the Courts. The divorce application
filed by A1 vide FCOP No.501 of 2013, the Family Court
granted divorce. However, in appeal vide FCA No.357 of 2017,
the said divorce decree granted by the Family Court was
suspended and appeal is pending. However, the 2nd
respondent came to know that his wife A1 and this petitioner,
who is A2, married on 28.03.2018 at Chikkadpally and the
same was registered on 04.01.2019 before the SRO,
Chikkadpally. On the basis of the said complaint, the police
enquired into the case and filed charge sheet for the reason of
this petitioner marrying A1, though her marriage was
subsisting with the 2nd respondent.
3. Learned counsel appearing for the petitioner would
submit that Section 494 of IPC would be attracted only to a
person who marries again during lifetime of husband or wife.
The said provision is not attracted to this petitioner since he
was not married on the date of marriage with A1. Further,
cognizance can only be taken on the private complaint filed
under Section 2(d) of Cr.P.C since there is a bar under Section
198 of Cr.P.C. Other grounds are also raised by the learned
counsel for the petitioner. Learned counsel relied on the
judgment of Hon'ble Supreme Court in the case of Rekha Jain
v. The State of Karnataka1 and also Babu Tayappa Appugol v.
2022 LiveLaw (SC) 468
Shanta2. In the circumstances, prayed to quash the
proceedings against the petitioner.
4. On the other hand, learned counsel for the respondents
would submit that once the marriage is subsisting, the
question of marrying again does not arise. If one enters into
such marriage, it would amount to an offence under Section
494 of IPC. Further, having knowledge that divorce obtained
by A1 was suspended by this Court, this petitioner married A1
and misrepresented before the SRO, Chikkadpally. For the
said reason of misrepresenting before the SRO and obtaining
marriage certificate would amount to cheating a public servant
and punishable under Section 420 of IPC. For the said reason,
the petitioner has to undergo trial to prove his innocence and
sought for dismissal of the petition.
5. To attract an offence under Section 494 of IPC, a
husband or wife while living, marries another when such
marriage would be void by the reason of its taking place
during life of such spouse, is punishable. In the present case,
1985 SCC OnLine Kar 232
it is not the case of the police that this petitioner was already
married by the time he married A1 on 12.08.2018. A person
who is single marrying another whose marriage is subsisting is
not liable under Section 494 of IPC, but the person whose
marriage is subsisting would be liable. Even accepting that
A1's marriage was subsisting, the offence under Section 494 of
IPC is not made out against the petitioner herein.
6. To attract an offence under Section 420 of IPC, practice
of deception is sine qua non. In the present case, this
petitioner's marriage with A1 was intimated to the SRO,
Chikkadpally. Such intimation to the SRO and thereafter
obtaining certificate for marriage will not amount to practice of
deception by this petitioner who had intimated regarding the
marriage with A1. The validity or otherwise of the marriage or
whether the marriage was void for the reason of A1's
subsisting marriage with the 2nd respondent will not in any
manner attract the offence under Section 420 of IPC against
this petitioner. Admittedly, there is a marriage and same was
intimated to the SRO office. In the event of the marriage being
void, consequent certificate would also become invalid. Mere
intimation regarding the marriage which has taken place and
which marriage is not disputed will not amount to an offence
under Section 420 of IPC.
7. For the aforesaid reasons, the proceedings against
petitioner/A2 in C.C.No.986 of 2021 on the file of VII
Additional Metropolitan Magistrate at Hayathnagar, are hereby
quashed.
8. Accordingly, Criminal Petition is allowed. Consequently,
miscellaneous applications, if any, shall stand closed.
__________________
K.SURENDER, J
Date: 14.03.2023
Note: LR copy to be marked.
B/o.kvs
HON'BLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION No.11197 OF 2022
Date: 14.03.2023.
kvs
