Case Note & Summary
The appellant husband filed a criminal complaint alleging that the respondent no.1 wife, along with her relatives (respondent nos.2 and 3), cheated him into marrying her by showing a forged divorce decree, despite her earlier marriage not being dissolved. The appellant and respondent no.1 met through a matrimonial site where her status was shown as 'process of divorce is under consideration.' During meetings, the respondents showed an unclear copy of a divorce decree on a mobile phone and claimed the original was pending signature. The marriage was solemnized on 28.04.2018, and the appellant paid ₹2 lakhs and bore marriage expenses. On 16.06.2018, it was discovered that respondent no.1 was pregnant and she admitted that she had not yet obtained divorce from her first husband. The appellant filed a police complaint and then a criminal complaint before the Magistrate. The Magistrate, after recording preliminary evidence, issued summons against respondent no.1 under Sections 494 and 420 read with Section 120-B IPC, and against respondent nos.2 and 3 under Section 420 read with Section 120-B IPC. The Sessions Court partly allowed the revision, quashing the summons under Section 420 IPC against respondent no.1 and under Section 420 read with Section 120-B IPC against respondent nos.2 and 3, while upholding the summons under Section 494 IPC. The High Court upheld the Sessions Court order. The Supreme Court allowed the appeal, holding that at the summoning stage, only a prima facie case is required, and the allegations and evidence disclosed such a case. The Court set aside the orders of the Sessions Court and High Court to the extent they quashed the summons under Section 420 IPC and Section 420 read with Section 120-B IPC, and restored the Magistrate's summoning order in full.
Headnote
A) Criminal Procedure - Summoning Order - Prima Facie Case - At the stage of issuing process, the Magistrate is only required to see whether a prima facie case is made out on the basis of the complaint and pre-summoning evidence; detailed appreciation of evidence is not required. (Paras 12.1, 13) B) Indian Penal Code, 1860 - Section 420 - Cheating - Ingredients - For the offence of cheating, it must be shown that the accused dishonestly induced the complainant to deliver property or to do or omit to do something which he would not otherwise do. The complainant alleged that the respondents showed a forged divorce decree and induced him to marry and part with money. (Paras 7, 10, 11) C) Indian Penal Code, 1860 - Section 120-B - Criminal Conspiracy - Prima Facie Case - The complaint alleged that all respondents conspired to induce the appellant into marriage by showing a forged divorce decree, thereby cheating him. At the summoning stage, such allegations are sufficient to proceed. (Paras 7.6, 12) D) Hindu Marriage Act, 1955 - Section 11 - Annulment of Marriage - The appellant filed a petition under Section 11 for annulment on the ground that respondent no.1 was already married at the time of marriage with the appellant. (Para 3) E) Hindu Marriage Act, 1955 - Section 13-B - Divorce by Mutual Consent - The respondent no.1 obtained a divorce by mutual consent on 25.07.2018, after the complaint was filed, which was not in existence on the date of marriage. (Para 7.3)
Issue of Consideration
Whether the High Court and Sessions Court erred in quashing the summoning order under Section 420 IPC and Section 420 read with Section 120-B IPC at the preliminary stage, despite the existence of a prima facie case based on allegations and pre-summoning evidence.
Final Decision
The Supreme Court allowed the appeal, set aside the orders of the Sessions Court and High Court to the extent they quashed the summoning order under Section 420 IPC against respondent no.1 and under Section 420 read with Section 120-B IPC against respondent nos.2 and 3, and restored the Magistrate's summoning order dated 12.03.2019 in full.
Law Points
- Prima facie case
- summoning order
- cheating
- criminal conspiracy
- Section 420 IPC
- Section 120-B IPC
- Section 494 IPC
- Hindu Marriage Act 1955
- Section 11
- Section 13-B
