Quashing of FIR -- Enticement of Married Woman -- Marriage during subsistence of earlier marriage attracts investigation for enticement and bigamy
(i) Bharatiya Nyaya Sanhita, 2023, S.84 -- Enticement of Married Woman -- Woman Denying Forcible Abduction -- Enticing away a married woman with intent to engage her in illicit sexual intercourse remains a distinct offence even where the woman herself claims she was not abducted. Her own account of leaving the company of her husband and living with another man does not by itself take the allegation out of the ambit of this offence. (ii) Bharatiya Nyaya Sanhita, 2023, S.82 -- Bigamy -- Marriage During Subsistence of Earlier Marriage -- Performing a second marriage without dissolution of the earlier marriage constitutes bigamy, regardless of the woman's stated wish to divorce her first husband. Such marriage during subsistence of an existing one requires investigation and cannot be treated as a private or consensual arrangement immune from prosecution. (iii) Bharatiya Nagarik Suraksha Sanhita, 2023, S.528 -- Quashing of FIR -- Complaint Not Suffering from Abuse of Process -- An FIR alleging abduction cannot be quashed merely because the alleged victim later disowns the abduction allegation, where her subsequent conduct discloses independent offences requiring investigation. Judicial sanctity cannot be extended to an apparently adulterous relationship at the quashing stage.
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