ARPITA MUKHERJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application under Section 482 of the Code of Criminal Procedure filed by the accused persons/petitioners praying for quashing of charge-sheet no. 23 of 2019 dated 31st January, 2019 under Section 420/468/120B of the Indian Penal Code and all further proceedings in connection with G. R. Case No. 4262 of 2017 corresponding to Barasat Police Station Case No. 917 of 2017 dated 9th November, 2017 under Section 420/468/120B of the Indian Penal Code.

(2.) The petitioner No. 1 is the divorced wife of opposite party No. 2. Petitioner no. 2 is the present husband of petitioner no. 1. It is sufficient to mention for the purpose of this case that in the wedlock between the petitioner no. 1 and opposite party no. 2 a male child was born on 13th February, 2007. Subsequently, marriage between the petitioner no. 1 and opposite party no. 2 was dissolved by a decree of divorce sometimes in July, 2010. The petitioner no. 1 got married to petitioner no. 2 sometimes in April, 2011. Since then, they are residing together as husband and wife. The minor child of the petitioner no. 1 has also been residing with the petitioners. The opposite party no. 2 has filed an application under the Guardians and Wards Act before the competent Court praying for custody of the said child. The said case is still pending for final decision.

(3.) In the meantime, the opposite party no. 2 filed an application under Section 156(3) of the Code stating, inter alia, that sometimes in 2017 he came to know that the petitioners surreptitiously and illegally changed the surname of his son from 'Mitra' to 'Mukherjee' by suppression of fact. It was apprehended by the opposite party no. 2 that the petitioners must have placed some forged documents for the change in the surname of his son. The petitioners/accused persons not only suppressed the actual fact before various institutions but also suppressed the factual position and/or pendency of the case under the Guardians and Wards Act and for such act the accused persons conspiring with each other must have placed some fake and forged documents before the institution for illegal change of surname of the son of the opposite party no. 2 from 'Mitra' to 'Mukherjee'.