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    <title>2009 (10) TMI 974 - GUJARAT HIGH COURT</title>
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    <description>A second petition to quash criminal proceedings was maintainable despite withdrawal of an earlier application, because the court found materially changed circumstances and held that its inherent jurisdiction could still be exercised to prevent abuse of process. On the merits, allegations of bigamy and allied offences were unsupported by prima facie evidence of a legally solemnised second marriage; a bare assertion that another woman was present and introduced as a wife did not establish the essential ingredients of the offence. In view of the weak factual foundation and the pattern of repeated litigation, continuation of the prosecution was held to serve no useful purpose, and the complaint and related orders were set aside.</description>
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    <pubDate>Mon, 12 Oct 2009 00:00:00 +0530</pubDate>
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      <title>2009 (10) TMI 974 - GUJARAT HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=295040</link>
      <description>A second petition to quash criminal proceedings was maintainable despite withdrawal of an earlier application, because the court found materially changed circumstances and held that its inherent jurisdiction could still be exercised to prevent abuse of process. On the merits, allegations of bigamy and allied offences were unsupported by prima facie evidence of a legally solemnised second marriage; a bare assertion that another woman was present and introduced as a wife did not establish the essential ingredients of the offence. In view of the weak factual foundation and the pattern of repeated litigation, continuation of the prosecution was held to serve no useful purpose, and the complaint and related orders were set aside.</description>
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