Supreme Court of India · 2009-11-13
Pashaura Singh vs State Of Punjab & Anr
- Citation / case number
- AIR 2010 SUPREME COURT 922
- Court
- Supreme Court of India
- Petitioner
- Pashaura Singh
- Respondent
- State Of Punjab & Anr
- Bench
- R. M. Lodha, Tarun Chatterjee
Judgment text excerpt
The Supreme Court held that the High Court erred in dismissing Pashaura Singh's petition under Section 482 CrPC, as his marriage to Kamaljeet Kaur was legally dissolved on February 8, 2001, prior to his second marriage on January 2, 2002. The Court clarified that for a charge under Section 494 IPC to stand, the first marriage must be subsisting, which was not the case here. Consequently, the Court quashed the FIR against Pashaura Singh, establishing that the legal dissolution of marriage precludes the application of Section 494 IPC.