JONATHONE N.SANGMA Vs. STATE OF ASSAM

JUDGEMENT

(1.) The present application has been filed under Section 482 CrPC praying for quashing and setting aside the proceedings in G.R. No. 4456/2012 arising out of Basistha Police Station Case No.276/2012 U/S 493/417 IPC.

(2.) The case in brief is that on 26.4.2012 the opposite party no.2 instituted a complaint U/S 156 (3) CrPC before the learned Chief Judicial Magistrate, Kamrup (M), Guwahati alleging that the accused petitioner was introduced with the opposite party no.2 in the month of March, 2010 at Guwahati and developed friendship with the complainant with promise to marry her. Later on, though the accused proposed to marry her but by assigning different reasons he postponed the formal and legal marriage. The accused also brought some legal papers in connection with the intended marriage under the Special Marriage Act, 1954 and obtained the complai-nant's signature on the aforesaid paper. The accused petitioner also given a photo copy of the notice under the Special Marriage Act and also assured the complainant the legal marriage has been completed. In this connection a get together (reception) was held between the closed friends and as such the complainant was under bonafide impression that a marriage will be solemnized between them and she started to live with the accused as husband and wife since 20.6.2010 and out of the relation a baby boy was born on 12.4.2011. While continuing such relation for long period the complainant suddenly came to know that a complaint has been filed by one lady claiming herself as wife of the accused person with the allegation that the present complainant has kidnapped her husband/accused herein. Then on query made by the complainant the accused replied that he is a married man having his wife at Garo Hills Meghalaya and persuaded her not to be worried. As against the said complaint case lodged by his another wife of the accused against the complainant an Anticipatory Bail Petition (AB No. 2320/11) was moved, wherein the accused made an affidavit that he had not been abducted by the complainant Ria Sangma and she is only his business partner.

(3.) Since after filing of the said complaint case in the month of September, 2011 the accused began to reside with his former wife, deserting the complainant and her baby for which she filed a complaint case before the Court which was forwarded to the Basistha Police Station and accordingly, Basistha Police Station Case No. 276/12 was registered U/S 493/417 IPC and after completion of investigation charge-sheet was filed against the accused petitioner under said Section of law and the learned trial Court has issued the summons and the accused petitioner appeared before the trial Court and in the meantime charge has been framed against the petitioner U/S 483 /417 IPC by order dated 11.9.2015. Now the accused petitioner has preferred the present petition challenging the aforesaid proceeding as well as taking congnizance by the learned trial Court. The petitioner narrated all details about the relation between the parties that the complainant/respondent was aware that the accused petitioner is a married man having two children so there is no question that he falsely represented himself as a bachelor. It has been assailed that the ingredient of the offence U/S 493 IPC cannot be made out against the accused/petitioner, as the respondent being an educated lady cannot accept any lawful marriage between them, without there being any formal marriage between them. That apart, it is assailed that no child born to them out of the so called wedlock and all false allegations have been made. Accordingly it has been submitted that there is bleak chance of conviction in the aforesaid case as the case has been filed maliciously, accordingly, it should be quashed and set aside.