TAPAS KUMAR Vs. STATE OF M.P.

JUDGEMENT

(1.) This miscellaneous criminal case has been instituted on an application under Sec. 482 of the Code of Criminal Procedure filed on behalf of the accused persons Tapas Kumar, Ashish Kumar and Arpana Majumdar for quashing the criminal case No. 21393/2013 pending before the Court of Chief Judicial Magistrate, Jabalpur, under Ss. 419, 496, 376 and 498 -A read with Sec. 34 of the I.P.C.

(2.) The facts necessary for disposal of this miscellaneous criminal case may be summarized as hereunder the First informant/respondent No. 2 Chandana Bhatacharya lodged a written report in Police Station Omti, District Jabalpur on 16.10.2013 to the effect that Petitioner No. 1 Tapas Kumar had published an advertisement in Bharat Matrimonial (Bangla Section) representing himself to be divorced. Accused No. 2 Ashish Kumar is brother of Tapas Kumar and petitioner No. 3 Arpana is the wife of Ashish Kumar. The petitioners Tapas Kumar, Ashish Kumar and Arpana Majumdar personally assured her that petitioner Tapas Kumar had married only once and he had obtained divorce from his first wife Pali Rani and has never married thereafter. Whereon respondent No. 2 Chandana married the accused/petitioner No. 1 Tapas Kumar Majumder by Hindu rites in Arya Samaj, Dayanand Bhawan, Napear Town, Jabalpur, on 22.10.2011. After the marriage of the petitioner Tapas Kumar with respondent Chandana, he indulged in marital intercourse with her till 4.5.2012 at Jabalpur and at Mussoorie. During that period, petitioner Tapas Kumar tortured her and inflicted cruelty upon her; therefore, respondent Chandana left him and returned to her matrimonial home at Raipur on 5.5.2012. Petitioner Tapas Kumar moved an application under Sec. 9 of the Hindu marriage Act; thereafter, on telephone, the husband and wife agreed to obtain divorce by mutual consent. Consequently, an application under Sec. 13 -B of the Hindu Marriage Act was moved in family Court at Dehradun on 12th July, 2013 and the petitioner Tapas Kumar withdrew his application under Sec. 9 of the Hindu Marriage Act. On examination of facts, she learnt that the petitioner Tapas Kumar had married Pali Rani on 23 -2 -2000 and had obtained divorce from her on 10 -1 -2007. He has two sons from Pali Rani. He married the Sanghmitra on 17.5.2011 and his marriage with Sanghmitra was subsisting on 22.10.2011 i.e. the date on which petitioner Tapas Kumar had entered into marriage with respondent Chandana. In fact, Family Court Dehradun passed an ex parte order for dissolution of marriage between Tapas Kumar and Sanghmitra under Sec. 12 of the Hindu Marriage Act, on 1.9.2012. Thus, petitioner Tapas Kumar married the respondent Sanghmitra by concealing facts and making misrepresentation in respect of material facts and by practicing deception. Thereafter, he continued to mentally and sexually exploit her. Had she known that his marriage with Sanghmitra is still subsisting, she would never have consented to marry him and would never have allowed him to establish physical relations with her. Petitioners Ashish Kumar and Aparna joined petitioner No. 1 Tapas Kumar in deceiving respondent Chandana into marrying Tapas.

(3.) On the basis of aforesaid written report, crime number 394/2013 was registered in Police Station Gomti, District Jabalpur, against petitioners under Ss. 419, 496, 376 and 498 -A read with Sec. 34 of the I.P.C. and after investigation, final report was filed. The criminal case is pending in the Court of CJM, Jabalpur.