FAMILY COURT’S FINDING REGARDING PREVIOUS MARRIAGE CAN BE RELIED ON TO QUASH COMPLAINT ABOUT BIGAMY UNDER SECTION 494/495 IPC: SUPREME COURT The Supreme Court made the observation in an appeal challenging Gauhati High Court’s order dismissing a wife’s application seeking quashing of a complaint filed against her by her husband for offences under Sections 494 and 495 of the IPC. Section 494 of the IPC deals with the offence of marrying again during the lifetime of an existing spouse and Section 495 deals with the offence of concealment of the former marriage from the person with whom subsequent marriage is contracted. Explanation (b) to Section 7 (1) of the Family Courts Act, 1984 expressly confers the Family Court with jurisdiction to determine the matrimonial status of a person. The Act grants a Family Court with the status of a District Court and confers it with jurisdiction exercisable by a Magistrate of the first class under Chapter IX of the CrPC, thus enabling to collect evidence to make such a determination. The Court held that relying on the judgement of the Family Court which has jurisdiction to decide the gravamen of the offence alleged in the criminal complaint, would not be same as relying on evidentiary materials that are due for appreciation by the Trial Court, such as the investigation report before it is forwarded to the Magistrate. The Apex Court allowed the wife’s appeal and set aside the impugned judgement and order of the Gauhati High Court and allowed the petition instituted by the appellant for quashing the complaint is allowed. With a team of Law experts, Reddy & amp; Reddy Law Firm has extensive experience and involvement in legal disputes. We are regularly involved in representation in the district and high courts in India.