THE HON’BLE SRI JUSTICE B. CHANDRA KUMAR Criminal Petition No. 5306 of 2009 Order: This criminal petition, under Section 482 Cr.P.C., is filed by the petitioner/A2 seeking to quash the proceedings in C.C. No.453 of 2008 pending on the file of the Additional Judicial Magistrate of First Class, Rayachoty. Heard. The first respondent herein is the de facto complainant. She lodged a complaint to the police alleging that she is the legally wedded wife of Paturi Rajanna (A1) and their marriage was solemnized about 13 years prior to the date of alleged complaint and that they are blessed with one daughter and one son and that A1, during the subsistence of their marriage, married the petitioner herein (A2), who is related to A1, and that after coming to know about the marriage on 04.09.2008 she lodged the complaint to the police. Basing on the same, the police registered a case in Crime No.88 of 2008 for the offences punishable under Sections 498-A and 494 IPC and after completing investigation they filed charge sheet. During the course of investigation, the police examined the de facto complainant and some other witnesses and one of the witnesses is no other than the brother of the petitioner herein. Learned counsel for the petitioner submits that no date, time and place of alleged marriage have been mentioned either in the complaint or in the charge sheet or even in the statements recorded by the police but all the witnesses have simply stated that they heard that A1 married the petitioner herein. The only point that arises for consideration is whether the proceedings have to be quashed against the petitioner herein. Whenever a complaint is lodged alleging that an offence punishable under Section 494 IPC has been committed, it becomes obligatory on the part of the Investigating Officer to make fair investigation and to ascertain as to when and where the alleged second marriage took place, who are the witnesses to the said marriage and who abetted the same. In this case, the police did not whisper anything about those particulars in the charge sheet and they simply recorded the statements of three or four witnesses who stated that A1 married A2 against the wish of his first wife and no other particulars have been mentioned by those witnesses nor ascertained by the police and the police have also not examined any of the witnesses to speak about the performance of the second marriage between A1 and A2. The police have filed charge sheet against A1 and A2 for the offences punishable under Sections 498-A and 494 IPC. As far as the offence under Section 498-A IPC is concerned, it is against A1. Therefore, the proceedings in respect of the offence under Section 498-A IPC may go on against A1. But, as far as the petitioner/A2 is concerned, since the ingredients of Section 494 IPC are not made out, I am of the view that the proceedings against her have to be quashed. Accordingly, the Criminal Petition is allowed and the proceedings against the petitioner/A2 in respect of the offence punishable under Section 494 IPC alone are quashed. ______________________ B. CHANDRA KUMAR, J. Date: 01.12.2011 Nsr