The Patna High Court has quashed criminal proceedings against three relatives of a man accused of concealing an earlier marriage.
Justice Soni Shrivastava held on 9 October that Section 495 of the Indian Penal Code targets the spouse who contracts the later marriage while hiding the former one. Relatives do not become liable merely by attending a wedding or being related to the accused.
Family members could face prosecution only if the complaint disclosed specific facts showing abetment or conspiracy. Here, the allegations of deception, financial demands and physical confrontation were directed at the alleged husband, while the petitioners were said to have informed the complainant of his earlier marriage.
The court found no ingredients of cheating, hurt or concealment offences against the relatives. It set aside the cognizance and discharge orders, holding that continued prosecution would abuse the court’s process.