Calcutta High Court Quashes Bigamy Case Under BNS After Parties Settle Dispute; Says S.82(2) Requires Complaint Case Under BNSS
The Calcutta High Court, sitting at the Jalpaiguri Circuit Bench, has quashed criminal proceedings arising out of allegations of bigamy under the Bharatiya Nyaya Sanhita (BNS), after noting that the dispute between the parties had been fully settled and that one of the offences invoked could not have been prosecuted through a police case at all. Justice Jay Sengupta passed the order...
The Calcutta High Court, sitting at the Jalpaiguri Circuit Bench, has quashed criminal proceedings arising out of allegations of bigamy under the Bharatiya Nyaya Sanhita (BNS), after noting that the dispute between the parties had been fully settled and that one of the offences invoked could not have been prosecuted through a police case at all. Justice Jay Sengupta passed the order while allowing a criminal revision petition filed by Ajay Kumar, against whom a case had been registered under Sections 82(2) and 85 of the BNS.
The FIR alleged that the petitioner, already a married man, had married the complainant (OP No. 2) without obtaining a divorce from his first wife, thereby attracting the offence under Section 82(2) BNS relating to prohibited second marriage, along with allegations under Section 85 BNS. However, during the pendency of the case, the parties amicably resolved all issues through the intervention of common friends. Both the petitioner and the complainant jointly informed the Court that they no longer wished to proceed with the criminal case.
The State informed the Court that although a charge sheet had been filed, it would not oppose the compromise, and further noted that no injury report existed in the case diary. Importantly, the Court observed that in terms of Section 219 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), an offence under Section 82(2) of the BNS is non-cognizable and cannot be prosecuted through an FIR, and must instead proceed only as a complaint case.
Taking note of the statutory bar under the BNSS and the complete settlement between the private parties, the Court held that “in the interest of justice,” the entire criminal proceeding arising out of Pradhan Nagar Police Station Case No. 743/2025 deserved to be quashed. The connected application was also disposed of accordingly.
The Court directed that urgent certified copies be supplied to the parties if sought.
Case: Ajay Kumar Vs. The State of West Bengal and another
Case No: CRR 77 of 2026