SANDWIP ROY Vs. SUDARSHAN CHAKRABORTY

JUDGEMENT

(1.) The Petitioner (accused) and the Respondent (complainant), in the instant case, are both residents of Chitranjan Park, New Delhi. Complainant is a married person with two children out of the wedlock. He was married on 4.12.1987 at Dhanbad. The Petitioner is stated to be an old friend of the complainant and known to him for last number of years. The Petitioner is an unmarried man and had been a frequent visitor to the family of the complainant.

(2.) On 22.10.1998, a divorce petition was filed by the complainant against his wife on the ground of adultery. The Petitioner was also impleaded as respondent no.2 in the said divorce petition as the allegation was that the Petitioner was living in adultery with the complainant's wife number of times. Four months after filing the divorce petition, the complainant on the basis of these very allegations also filed a complaint under Sections 497 & 506 IPC on 9.2.1999. However, some time later the complainant withdrew the divorce petition on 24.11.1999 making a statement that he had compromised the matter with his wife and both had started living together and, therefore, he did not want to pursue the said petition. However, the complainant pursued the complaint against the Petitioner herein.

(3.) This complaint was initially dismissed by the Learned MM vide order dated 11.9.2003. The complainant, however, preferred revision petition against this order and after hearing the said revision petition, the Learned ASJ passed the order dated 23.12.2003, whereby, remanding the case back to the Learned MM and directing him to reconsider the question of summoning of the Petitioner. On remand, the Learned MM passed the following order on 24.12.2003 :