Deepak Kumar vs Murari Lal

Amar Saran, J.—Heard learned Counsel for the applicant and the learned A.G.A. appearing for the State.

List has been revised. Counsel for the opposite party is absent.

In this case, it appears that the applicant got an ex parte order of divorce from his wife on 14.8.1986. The decree was prepared on 3.9.1986. It appears that on 24.2.1988 he contracted a second marriage with Smt. Munni Devi. On 3.11.1989 a complaint was filed against the applicant and others on he basis of which only the applicant was summoned u/s 494,1.P.C. by the order dated 30.5.1990. It appears that on 18.9.1990, the first wife Sandhya daughter of the complainant Murari Lal was successful in getting the ex parte decree of divorce set aside. The question is whether the complaint against the applicant u/s 494,1.P.C. could proceed.

The learned Counsel for the applicant has placed reliance on the case of Krishna Gopal Divedi v. Prabha Divedi, reported in 2004 SCC 473 wherein it has been squarely held that if an accused contracts a second marriage after an ex parte decree of divorce, no complaint u/s 494,1.P.C. is maintainable, even if that ex parte decree is set aside and to quote the Hon''ble Judges of the Apex Count even though the good days with the newly married wife did not last long as the first wife succeeded in getting the ex parte decree set aside. In view of this decision of the Apex Court, I have no option but to quash the criminal proceedings against the applicant in Criminal Case No. 726 of 1990 u/s 494, I.P.C. pending in the Court of A.C.J.M. II, Gorakhpur.

The application is allowed as above.