SOURENDRA NATH MUKHERJEE Vs. SUPARNA MUKHERJEE

JUDGEMENT

(1.) This is an application under Section 401 read with Section 482 of the Code of Criminal Procedure praying for quashing of the proceedings arising out of the Tala P.S. Case No. 48 of 2009 dated 10.8.2009 under Section 498A/376/420/506 (II) of the Indian Penal Code.

(2.) It is the case of the prosecution that O.P. No. 1 being the complainant filed a petition of complaint before the learned Additional Chief Judicial Magistrate, Sealdah and by order dated 04.7.2009 the learned Court directed Tala P.S. to treat the said complaint as FIR, to investigate and report. Thereafter, Tala P.S. has registered a case being Tala P.S. Case No. 48 of 2009 dated 10.8.2009 against the petitioner under Sections 498A/376/420/506 (II) of the Indian Penal Code. In the petition of complaint it has been stated that she is the legally married wife of the accused/petitioner herein and their marriage was registered under the Special Marriage Act on 01.2.2003. It has been alleged that prior to the said registration of the marriage, the complainant was taken by the accused to 26, Kali Temple Road, Kolkata 700 026, put vermilion on her forehead and put the conch bangles on the wrist of the complainant by chanting "mantras". Prior to the registration of the marriage, an application under Form No. IV was duly filled up and submitted before the authority. It was further alleged that earlier in the year 1999 the accused met the complainant in the T.V. Serial at Tollygunge and since then the intimacy developed which culminated in the form of marriage and they started to live together at 123/7, Gopal Lal Thakur Road, Baranagar, P.S. Baranagar and it was further alleged that a male child was born in the year 2004. It has been alleged that on and from the year 2005 the accused started neglecting the complainant and the relationship became strained. The accused deserted the complainant on 4.7.2005 without any cogent reason. The accused has started holding out threats to the complainant for kidnapping her minor child and committing the murder of the complainant. The accused has instituted proceeding for nullity of the marriage which is now pending before the Court of learned Additional District Judge, 7th Fast Track Court, Alipore. Of late, the accused has divulged that he has got another wife and children and as such, he is denying the petitioner as his wife and also the child as his son, although, the petitioner never saw another wife or the children of the accused. The accused at the time of marriage with the complainant filled up the form under Section 15 of the Special Marriage Act, 1954 describing himself as unmarried.

(3.) It is the case of the petitioner herein that the said criminal case was filed only to harass the petitioner and to obtain some unlawful gain. It is the contention of the petitioner herein that the O.P. No. 1 was previously married on three occasions, the first of which took place in the year 1990 with Mr. P. K. Saha at Chandannagore. The said marriage was dissolved. The second marriage was solemnised in the year 1993 with Shri Samar Nath Chakraborty which did not last long and ended in divorce. On 28.4.1997 the O.P. No. 1 got married with Shri Supratim Sarkar for the third time which is still subsisting and the O.P. No. 1 has been living with him at 123/9/4, Gopal Lal Tagore Road, P.S. Baranagar and 7, Bhabanath Sen Street, Kolkata 700 004. The petitioner herein being apprehensive of the claim of the O.P. No. 1 to be the wife, filed a suit for decree of nullity in respect of the alleged marriage in the Court of learned District Judge, Alipore. In the said suit the O.P. No. 1 prayed for alimony pendente lite and the cost of litigation which was granted by the learned Court, but, the Hon'ble court on being moved by the petitioner stayed the order of alimony pendente lite and the cost of litigation upon a contested hearing in C.O. No. 2801 of 2008 which awaits final adjudication.