IN RE Vs. TARUN KUMAR MONDAL

JUDGEMENT

(1.) By this application the petitioner seeks to quash the Complaint Case No. 150 of 2017 pending before the Judicial Magistrate, 3rd Court, Barrackpore and all other orders passed in connection therewith.

(2.) Counsel for the petitioner submits that an FIR was filed in Barrackpore P.S. Case No. 95 on 27th February, 2016 under Sections 498A and 494 IPC. Investigation started and chargesheet was submitted on 21st July, 2016 under Section 498A IPC. C.R.R. 401 of 2017 was filed and was quashed by order dated 13th September, 2017. On the date of hearing the petitioner had categorically stated that in FIR No. 95/16 dated 27th February, 2016 it was mentioned by the de facto complainant that the petitioner had married somebody during the pendency of C.R.R. 401 of 2017 and in spite of such statement made the I.O. did not investigate further instead submitted charge-sheet No. 169 dated 30th June, 2016. According to counsel for the petitioner prior to charge-sheet being submitted a complaint being No. 150 of 2017 was filed in April, 2017 and although counsel for the opposite party came to know of the charge-sheet filed was entitled to file a Naraji petition. The charge-sheet dated 30th June, 2016 was stayed by an interim measure by order dated 13.02017 and FIR No. 95 of 2016 was quashed by order dated 13th September, 2017. In view of the facts above therefore the Complaint Case No. 150 of 2017 be quashed.

(3.) Counsel for the opposite party submits that FIR No. 95 of 2016 was filed under Sections 498A and 494 IPC and the opposite party on 27th February, 2016 intimated the I.O. that the petitioner had remarried a lady. As no step was taken she was compelled to file Complaint Case No. 150 of 2017 and a report under Section 202 (1) CrPC was filed on 31st August, 2017. It is true that after the said report was filed the charge-sheet was quashed on 13th September, 2017. In fact an enquiry had been made and it was known that the petitioner had married for the second time and was staying elsewhere but the local people did not open their mouth in this regard on examination. The chargesheet was quashed as no materials of Section 498A IPC could be found, but the I.O. did not make an attempt to make an investigation in respect of the offence under Section 494 IPC. Therefore, this application warrants no order and be dismissed. Reliance is placed on (2015) 8 SCC 286.