A. Subhash Babu v. State of AP AIR 2011 SC 3031 (Case Summary)

In a significant decision, the Supreme Court of India addressed the legality of criminal proceedings initiated under Sections 494, 495, 417, 420, and 498A of the Indian Penal Code (IPC). The case involved issues of bigamy, cheating, and cruelty, and the Court’s judgment clarified the application of these sections, particularly in the context of second marriages and the rights of women involved.

Facts of A. Subhash Babu v. State of AP 

1. A. Subash Babu, a Sub-Inspector of Police, was accused by the Respondent No. 2 of bigamy, fraud, and cruelty after allegedly marrying her while still being married to his first wife.
2. The complainant alleged that Babu deceived her into marrying him by falsely claiming that his first wife had died. She also alleged that Babu extorted money and gold from her and her family under false pretenses.
3. The complainant filed an FIR, leading to the prosecution of Babu under Sections 494, 495, 417, 420, and 498A IPC.

Issues framed

1. Whether the criminal proceedings under Sections 494 and 495 IPC could be maintained based on a police charge sheet rather than a complaint from the aggrieved person, as required by Section 198 of the Criminal Procedure Code (CrPC)?
2. Whether the second wife (Respondent No. 2) could be considered an “aggrieved person” entitled to file a complaint under Sections 494 and 495 IPC?
3. Whether the proceedings under Section 498A IPC were valid, considering the marital status of the second wife?

Subordinate Court Judgment

The accused approached the Andhra Pradesh High Court under Section 482 of the CrPC, seeking the quashing of the proceedings. The High Court partially quashed the proceedings, dismissing the charges under Section 498A IPC, but allowed the charges under Sections 494, 495, 417, and 420 IPC to proceed, provided they were framed in a proper manner.

Judgment of A. Subhash Babu v. State of AP

The Supreme Court examined the applicability of Sections 494, 495, 417, 420, and 498A IPC, alongside the procedural requirements under Section 198 of the CrPC and the amendments made by the Andhra Pradesh State Legislature.

The Court held that the amendments by the Andhra Pradesh Legislature, which made offences under Sections 494 and 495 IPC cognizable, were valid and that the police could file a charge sheet for these offences. The Court also ruled that the second wife could be considered an “aggrieved person” under these sections.

The Supreme Court dismissed the appeal filed by Babu, upholding the continuation of the criminal proceedings under Sections 494, 495, 417, and 420 IPC. The Court also reinstated the proceedings under Section 498A IPC, which had been quashed by the High Court, emphasizing that the second wife was entitled to seek redress for cruelty under this provision. 

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