RAKHI BANERJEE AND OTHERS Vs. SUBHANKAR MUKHERJEE

JUDGEMENT

(1.) The petitioners in Crl.O.P.No.22741 of 2013 are arrayed as A1 to A5 and the petitioners in Crl.O.P.No.31316 of 2013 are arrayed as A6 to A9 in C.C.No.8733 of 2007 on the file of the XIV Metropolitan Magistrate, Egmore, Chennai.

(2.) The respondent/complainant filed a private complaint in C.C.No.8733 of 2007 against the petitioners as well as the other accused before the XIV Metropolitan Magistrate, Egmore, Chennai for the alleged offences punishable under Sections 494, 495, 496, 497, 406, 177, 182, 120B, 34, 109, 112 of Indian Penal Code.

(3.) The case of the respondent/complainant in C.C.No.8733 of 2007 is that though the first accused was already married to one Sujit Das on 24.08.2004 and an exparte decree of divorce between them was passed on 10.05.2005, the marriage between the complainant and the first accused was solemnized on 02.03.2005, which is during subsistence of the first marriage and that in fact, the earlier marriage of the first accused with the said Sujit Das was totally suppressed by all the accused with a criminal intention to deceit the complainant. According to him, the first accused also committed the offence of adultery and that all the accused individually and collectively committed the offences under Section 494, 495, 496, 497, 406, 177, 182, 120B, 34, 109, 112 of Indian Penal Code.