DR. MANJU SINHA Vs. PYARI DADSENA

JUDGEMENT

(1.) With the consent of learned counsel for the parties, the matter is heard finally.

(2.) This petition has been preferred by the petitioner under Sec. 528 of the BNSS, 2023, for quashing the criminal proceedings of Complaint Case No.471/2013 pending before the JMFC, Raipur against the petitioner.

(3.) Brief facts of this case are that the marriage of the Complainant was taken place with Nagendra Kumar Dadsena on 18/5/2006 as per the custom prevailing in the society and due to wedlock on 9/6/2009, a daughter Yoglakshmi was born. Thereafter, the husband and family members have started harassing her mentally as well as physically. In the month of November, 2012, the family members ousted her saying that your husband has performed the second marriage. When she came to know that the husband has performed the second marriage with the petitioner on 11/5/2011 at Arya Samaj Temple Baijnathpara Raipur without obtaining divorce from the complainant so she made the complaint to the police on 3/12/2012, but no offence has been registered, therefore, she filed the complaint case including the name of petitioner and three others. On the basis of said complaint, a criminal case no. 1263/2013 for offence punishable under Ss. 498-A, 34, 494/34 of IPC have been pending before JMFC, Bhilai and the proceedings of the said case are stayed by this Court vide order dtd. 9/3/2022. Learned trial Court passed the order for registration of the complaint on 20/6/2013 and fixed the case for recording the evidence before charge, the other two accused who were added in the complaint namely Vikas Chandrakar and Sanjay Chandrakar have challenged the order of registration of complaint dtd. 20/6/2013 in the revision, revision was dismissed on 20/3/2014 so the said persons have filed the petition u/s 482 of Cr.P.C. before this Court in which this Court allowed the petition and quashed the criminal case against those petitioners vide order dtd. 5/7/2023. The petitioner has filed the application for deleting her name from the array of respondent but the said application was dismissed vide order dtd. 3/10/2023. After passing of the order dtd. 5/7/2023, the learned trial court fixed the case for recording the evidence in the matter and side by side rejected the application of the petitioner for staying the proceeding of complaint case due to pendency of the criminal case no. 1263/2013 which is stayed by the High Court and in two cases petitioner is prosecuted along with others for the offence punishable u/s 494 of IPC therefore an application u/s 309 of Cr.P.C. is filed which was dismissed thereafter a revision is also dismissed and the petition u/s 482 of Cr.P.C. is filed by the petitioner and Nagendra Kumar Dadsena, said petition is withdrawn vide order dtd. 3/7/2024. The complaint case is filed on 4/1/2013 and the same is pending before the Judicial Magistrate First Class, Raipur against the petitioner and one Nagendra Kumar Dadsena and the same is fixed for evidence though the petitioner who is a woman cannot be prosecuted u/s 494 of IPC as the provision u/s 494 of IPC does not contemplate the person to whom the husband of the complainant has married therefore the petitioner is filing herewith the present petition for quashing of the proceedings of criminal complaint case no. 471/2013. Hence, this petition.