ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ
ORAL ORDER
Petitioner is seeking to quash the FIR in Cr.No.38/2021 registered against him by Bengaluru International Airport (BIAL) Police Station, Bengaluru City and the charge sheet in CC No.10539/2021 filed on the file of Principal Civil Judge and JMFC, Devanahalli, for offence punishable under Section 495 of IPC.
2. It is alleged that the petitioner married respondent No.2 on 15.3.2021 by suppressing the fact that he was already married and having children.
3. Under Section 198 of Cr.P.C. (219 of BNSS, 2023), no Court shall take cognizance of an offence
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punishable under Chapter XX of IPC except upon a complaint made by some person aggrieved by the offence.
4. Even though the complainant is an aggrieved person, no FIR could be registered for the offence under Section 495 of IPC and the learned Magistrate could not have taken cognizance on the basis of a police report. The remedy available to the complainant was to file a private complaint as the offence alleged under Section 495 of IPC falls under Chapter XX of the IPC. Therefore, the entire charge sheet, which is based on the police investigation is liable to be quashed. Hence, the following:
ORDER
i. Petition is allowed.
ii. The entire proceedings as against the petitioner/accused No.1 in CC No.10539/2021 pending on the file of Principal Civil Judge and JMFC, Devanahalli, is
quashed. Sd/-
(MOHAMMAD NAWAZ)
JUDGE
TL/ List No.: 1 Sl No.: 28